24 results for 'nos:"Other Immigration Actions - Immigration"'.
J. Peterson grants the U.S. government officials' motion to dismiss the husband and wife's lawsuit asking the court to compel the officials to finish adjudicating a family-based visa petition conditionally approved in 2022 for the wife, who is a citizen of Uganda. Given controlling case law, the husband and wife have not proven their 18-month wait for a consular interview is unreasonable, in part due to evidence in the record of backlogs caused by the Covid-19 pandemic.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 1, 2024, Case #: 3:23cv520, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration, Covid-19
J. Holcomb denies the government's motion to dismiss a naturalized citizen's allegations of violation of the Fifth Amendment after he filed an I-130 petition on behalf of his stepson, which the government revoked, because the citizen did not establish “that the beneficiary legally changed his name." The court possesses subject matter jurisdiction. It is premature for the court to rule on whether the statute is unconstitutionally vague as applied to this action. The citizen has sufficiently stated an equal protection claim in asserting that Yemeni-Americans and their family members are subjected to a heightened evidentiary burden that is not applied to other citizens. The citizen has sufficiently stated a procedural due process claim by alleging that Immigration Services did not include his marriage certificate in the appeal sent to the Board of Immigration Appeals.
Court: USDC Central District of California, Judge: Holcomb, Filed On: April 18, 2024, Case #: 8:23cv624, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Schroeder grants U.S. Citizens and Immigration Services’ motion to dismiss federal tort claims brought by a doctor whose fiancee was denied entry to the U.S. The doctor, a U.S. citizen, met his fiancee online, then met her in person once in Australia. However, the two have not physically seen each other within two years of the date of the doctor’s petition for his fiancee’s visa application. The Department of Homeland Security created this stipulation. Because only DHS has discretion to waive it, the court lacks subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: March 26, 2024, Case #: 1:23cv657, NOS: Other Immigration Actions - Immigration, Categories: Immigration, Jurisdiction
J. Totenberg denies the officials' motion to dismiss the couple's mandamus action alleging that the officials unreasonably delayed adjudicating the immigrant husband's I-601A provisional unlawful presence waiver application. The couple seeks to compel the officials to adjudicate the application, which has been pending for more than two years. The waiver provision of the Immigration and Nationality Act does not strip the instant court of jurisdiction to review the couple's unreasonable delay claim because the provision precludes judicial review of actions, not inaction.
Court: USDC Northern District of Georgia, Judge: Totenberg, Filed On: March 21, 2024, Case #: 1:23cv1478, NOS: Other Immigration Actions - Immigration, Categories: Immigration
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Tunheim grants the immigrant's motion for summary judgment and vacates the immigration officials' denial of his application for adjustment of status. The immigrant did not render himself inadmissible by by joining an organization, after leaving Liberia, which fundraised for the United Liberation Movement for Democracy, a group which opposed Charles Taylor and his National Patriotic Front of Liberia. The immigration officials have not alleged that he engaged in a "terrorist activity" in doing so. The immigration officials' determination that the group was a Tier III terrorist organization was also arbitrary and capricious, and must be set aside. Finally, the immigrant has demonstrated by clear and convincing evidence that he neither knew or should have known that the group was a terrorist organization.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 1, 2024, Case #: 0:18cv3163, NOS: Other Immigration Actions - Immigration, Categories: Immigration, Terrorism
J. Lefkow grants the U.S. State Department’s motion to dismiss a class action brought by former, involuntary members of the Islamic Revolutionary Guard Corps of Iran. The former Guard members had their visas to the U.S. denied on “terrorist-related inadmissibility grounds,” despite the fact that they were conscripted, not willing recruits. They filed claims for class certification, a preliminary injunction against enforcement of the “terrorist” grounds, and for the court to have an evidentiary hearing on the issue. The court nevertheless dismisses the claims on the grounds that the “law simply gives judges essentially no role in the visa decision process.”
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: February 15, 2024, Case #: 1:22cv7360, NOS: Other Immigration Actions - Immigration, Categories: Immigration, Terrorism, Class Action
J. Tunheim denies the immigration officials' motion to dismiss the Ethiopian refugee's suit seeking action on his seven-year-old petitions for derivative refugee status for his wife and sons. Approval of those petitions a month after the filing of this action did not render the refugee's claims moot, since while that approval made the Department of State, rather than the Department of Homeland Security, responsible for the refugee's case, the immigration officials retain jurisdiction over his claims until either his petition is denied or travel authorization is issued. The seven-year delay is therefore sufficient to state an unreasonable-delay claim.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 7, 2024, Case #: 0:23cv902, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Richardson grants the government officials' dismissal motion in this immigration action without prejudice based on a lack of jurisdiction. The petitioner seeks a decision on his waiver application, which has allegedly been pending for over two years. However, the majority of the courts have found "that judicial review is precluded."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: February 5, 2024, Case #: 3:23cv527, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration, Jurisdiction
J. Bell grants U.S. Citizen and Immigration Services (USCIS) its motion for summary judgment following an appeal of its decision to deny an engineering firm’s petition on behalf of one of its staff for nonimmigrant work status. The firm transferred the staff member, a Canadian mechanical engineer, to the U.S. for a particular job position. Her petition to be allowed to work as a nonimmigrant in the U.S. was approved at the U.S.-Canada border, not as per usual with USCIS, as Canadians are permitted to do this. However, when the firm applied for an extension after the year ended, USCIS denied the application as it determined the tasks assigned the staff member did not require special skills or training, so the position could be filled by a U.S. citizen. As USCIS's decision was not arbitrary, capricious, nor an abuse of its powers, its determination stands.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 27, 2023, Case #: 5:23cv75, NOS: Other Immigration Actions - Immigration, Categories: Government, Immigration
J. Fowlkes dismisses the asylum seeker's lawsuit against the U.S. Citizenship and Immigration Services alleging violations of the Immigration and Nationality Act, as well as the Administrative Procedure Act, after he applied for asylum in 2019 and has yet to receive an interview. The court has jurisdiction over the APA claim and determines that the delay in processing his application, though "significant," is not unreasonable.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: December 14, 2023, Case #: 2:23cv2329, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Conley finds against the U.S.-Syrian dual citizen and her Syrian national son in the dual citizen's petition for a writ of mandamus forcing the federal government to finish adjudicating her son's bid for U.S. citizenship before he turns 18 on November 11, 2023, and can no longer acquire automatic U.S. citizenship under applicable federal laws. The relatively short delay in adjudicating the dual citizen's son's case since his visa interview on August 30, 2023, which led a consular official to deny his application and forward his case for "administrative processing," is not egregious or unreasonable enough to warrant an injunction, so the motion is denied.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: November 3, 2023, Case #: 3:23cv629, NOS: Other Immigration Actions - Immigration, Categories: Government, Immigration
J. Thrash grants the U.S. Secretary of State's motion to dismiss an action brought under the Administrative Procedures Act by the information technology companies arising from the allegedly unreasonable delay of their applications for H-1B visas. The companies claimed the government is still enforcing a rescinded policy specifying that petitions involving third-party worksites must show that the employer has specific project requirements. The secretary's motion to sever is granted as to all but one of the parties. The company failed to state a claim of unreasonable delay because there is no evidence that its petitions were delayed longer than other petitions that were returned for reconsideration.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 3, 2023, Case #: 1:22cv4721, NOS: Other Immigration Actions - Immigration, Categories: Government, Immigration
J. Blackwell dismisses the permanent residency applicant and her husband's suit seeking to overturn the denial of their application. The District of Minnesota lacks subject-matter jurisdiction to review the denial, and while the husband has standing on the couple's remaining claims, and the Board of Immigration Appeals erred in finding that the husband's 2010 sex-offense and failure-to-register conviction was a "specified crime against a minor," that error was not prejudicial since the circumstances that the couple have alleged disprove "predatory intent" required for such a finding are insufficient to show prejudice. Due process claims are also not adequately pleaded.
Court: USDC Minnesota, Judge: Blackwell, Filed On: September 18, 2023, Case #: 0:22cv1698, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Tigar grants summary judgment to the asylum-support organizations in their suit seeking to overturn a rule which applies a presumption of asylum ineligibility to noncitizens who travel through a country other than their home country before entering the United States from Mexico. The rule is contrary to law because its presumption is based on criteria that Congress expressly intended should not affect access to asylum when passing the relevant law. It is also arbitrary and capricious, since it relies on the availability of other pathways for migration to the United States and explains the scope of its exceptions by reference to the availability of other, often unavailable exceptions.
Court: USDC Northern District of California, Judge: Tigar, Filed On: July 25, 2023, Case #: 4:18cv6810, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Brailsford grants the government's motion to dismiss a citizen's allegations that the government unreasonably delayed processing her mother's visa application. The citizen's mother, a Mexican national, requested an expedited interview before her son turned 21, as he is an “immediate relative” and would be the beneficiary of the citizen's petition once her mother's visa application was approved. The citizen lacks Article III standing as she is not suffering from an injury-in-fact due to the alleged delay. The eleven month delay in processing the mother's visa application is not significant.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 7, 2023, Case #: 1:22cv508, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Wright denies in part the government's motion to dismiss an individual's "action to compel the United States Citizenship and Immigration Services (USCIS) to adjudicate her application for asylum." The court retains jurisdiction to hear the individual's claims under the Administrative Procedures Act, however the individual fails to state a plausible claim under the Administrative Procedures Act, as the individual's "allegations demonstrate minimal risk to human health or welfare." The individual is granted leave to amend.
Court: USDC Central District of California, Judge: Wright, Filed On: June 16, 2023, Case #: 2:22cv5846, NOS: Other Immigration Actions - Immigration, Categories: Immigration