33 results for 'cat:"Government" AND cat:"Immigration"'.
J. Blakey partially grants motions for summary judgment from both a collection of immigrant rights and civil rights advocacy groups, and the U.S. Immigration and Customs Enforcement agency. The advocacy groups seek documents from the agency related to its “Citizens Academy” programs via Freedom of Information Act requests. The agency styles as the Citizens Academies as community outreach programs but it has been slow to produce the information the advocacy groups seek, and some of the documents it has produced have redactions. The court finds the agency’s search for relevant records has been adequate in all but one regard, and orders both parties to prepare a sample of contested documents for in-camera review.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: May 8, 2024, Case #: 1:21cv2519, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, immigration, Public Record
J. Ezra partially grants Texas’ motion to dismiss after the federal government sued the state and Governor Greg Abbott over its “buoy barrier” in the Rio Grande, which was installed in the national water boundary “without any federal authorization.” While the United States can proceed with claims under the federal Rivers and Harbors Act, it cannot pursue claims based on the 1848 Treaty of Guadalupe Hidalgo because the treaty is “not self-executing” and does not “provide any specific standard or rule of decision for a domestic court to follow.” Nonetheless, while Texas has asserted that it has “territorial rights” to protect itself from a migrant “invasion,” “the Founding Fathers conceptualized invasions as a part of war” and not due to migration.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: April 26, 2024, Case #: 1:23cv853, NOS: Environmental Matters - Other Suits, Categories: Environment, government, immigration
J. Laing finds a lower court properly dismissed a native of Pakistan's motion to remain in the U.K. The native of Pakistan argued that she is entitled to remain in the U.K. However, the home department sufficiently showed in court that she engaged in a "sophisticated and organized series of frauds" over a ten year period, which included money laundering and collecting donations for a bogus "spiritual leadership" group, which helped her amass 54 residential properties. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: April 16, 2024, Case #: CA-2023-488, Categories: Fraud, government, immigration
J. Ramirez vacates the district court's denial of a motion for a preliminary injunction filed by Indian nationals who challenge the Secretary of State's distribution of visas. Because visa demand was high, the nationals' applications were held in abeyance until visa numbers were available - a delay they challenge. However, U.S. code governing discretionary relief prevents federal courts from hearing a challenge to the department's hold policies, as the actions are left to the discretion of the Attorney General. Vacated.
Court: 5th Circuit, Judge: Ramirez , Filed On: April 9, 2024, Case #: 23-40398, Categories: government, immigration, Agency
J. Biggs grants the federal government’s motion to dismiss tort allegations brought by an immigrant man who had temporary protected status when ICE arrested him. ICE agents pulled the man and his son over, citing issues with the man’s license plate. The details that followed are contested between the parties, but the man alleges he was falsely arrested and imprisoned in shackles for six or seven hours, then inexplicably let go a 25-minute drive from his vehicle. Thanks to an exception to the Federal Tort Claims Act, the ICE agents are immune from the suit.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:22cv1008, NOS: Other Personal Injury - Torts - Personal Injury, Categories: government, immigration, Immunity
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. Lewis finds a lower court properly denied a group of Afghan citizens' motion to remain in the U.K. The Afghan citizens argued that they are entitled to relocation. However, the government sufficiently showed in court that they failed to establish a relationship with a relevant government department and have not made a positive contribution to the U.K. military. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: March 20, 2024, Case #: CA-2023-1534, Categories: government, immigration
J. Readler finds the immigration panel properly determined the class of "mistreated women" proposed by the El Salvadoran immigrant did not constitute a distinct social group protected under U.S. immigration law. Although they suffer from mistreatment at the hands of gangs, the group is overly broad and is not distinct from other sets of individuals in the country. However, the panel failed to provide any analysis of its decision to deny protected social group status to the immigrant's family; therefore, the case must be remanded for proper analysis of that social group and whether it entitles the immigrant to protection from removal. Affirmed in part.
Court: 6th Circuit, Judge: Readler, Filed On: March 15, 2024, Case #: 21-3334, Categories: Evidence, government, immigration
J. Cobb finds a lower court properly dismissed a native of China's motion to remain in the U.K. The Chinese national argued that he is entitled to judicial review based on his Tier 2 skilled worker, a financial analyst. However, the home department sufficiently showed in court that he may have engaged in money laundering. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Cobb, Filed On: February 7, 2024, Case #: CA-2022-156, Categories: Employment, government, immigration
J. Pitman dismisses a putative class action brought by male migrants against Governor Greg Abbott and other officials alleging they were “channeled into a separate criminal system” after being arrested for criminal trespass as part of Operation Lone Star — Texas’ state operation to counter human and drug smuggling — rather than being processed “through the normal state jail system.” The migrants said they sometimes “waited for weeks or months” for a defense attorney and were “detained for extended periods of time after they were eligible for release.” The migrants’ claims fail for a number of reasons, including because they have failed to show “direct involvement” of state officials in allegedly unconstitutional policies and because higher courts have rejected their arguments that they could seek injunctive relief despite no longer being in prison.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: February 5, 2024, Case #: 1:22cv397, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, immigration
J. Heyten finds the lower court improperly convicted the couple's three convictions for conspiring to obtain U.S. citizenship fraudulently for the noncitizen and making false statements in their efforts to do so. The couple met in college and married shortly after but lived on opposite sides of the country. Although the evidence was sufficient to support the jury’s verdict, the jury was allowed to consider a legally insufficient theory. The government told the jury that a form filled out by the originating citizen labeled herself as married despite the pair being separated. Because it was a separation and not a divorce, she is considered married for the form and, therefore, did not lie as the government portrayed. Vacated.
Court: 4th Circuit, Judge: Heytens, Filed On: January 3, 2024, Case #: 22-4128, Categories: Evidence, government, immigration
J. Contreras denies, in part, Immigration and Customs Enforcement's motion for summary judgment on a press group's Freedom of Information Act case seeking records concerning two asylum seekers and information on ways calls from detainees at ICE facilities in El Paso, Texas were limited or blocked. The agency has failed to show it conducted a good faith search for the records at issue.
Court: USDC District of Columbia, Judge: Contreras, Filed On: December 28, 2023, Case #: 1:18cv2932, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, immigration, Public Record
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. Singh finds a lower court properly dismissed the home department's motion for an immigration exemption concerning the processing of personal data rights under the U.K. General Data Protection Regulation. The home department argued that a processing data exception is within the public interest. However, a grassroots organization presented sufficient evidence in court that processing personal data based on a civilian's political opinions, race, religious beliefs, and biometric information is prohibited under the Act. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Singh, Filed On: December 11, 2023, Case #: CA-2023-763, Categories: Civil Rights, government, immigration
J. Moses denies the state of Texas’ motion for a temporary injunction after it sued federal agencies and officials over their destruction of razor-wire fencing installed by Texas on the U.S.-Mexico border. Texas has not yet established that destruction of its fencing resulted from a “final agency action” by the feds, rather than individual decisions by Border Patrol officials who, for example, may need to cut open fencing in order to rescue migrants from the Rio Grande.
Court: USDC Western District of Texas , Judge: Moses, Filed On: November 29, 2023, Case #: 2:23cv55, NOS: Other Statutory Actions - Other Suits, Categories: government, immigration, Federalism
[Consolidated]. J. Sales finds a lower court properly dismissed two natives of Nigeria and Pakistan's motion to remain in the U.K. The Nigeria and Pakistan natives argued that they are entitled to indefinite leave. However, the home department sufficiently showed in court that both men failed to properly apply for further leave to remain. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: November 28, 2023, Case #: 2021EWCA1909, Categories: government, immigration
J. Baker finds a lower court improperly denied a native of Eastern Turkey's motion to remain in the U.K. The secretary of State argued that the native of Turkey is not entitled to relief based on his "short- term student" status. However, he sufficiently showed in court that a case worker wrongfully tossed out his application, in violation of the European Economic Community, which was enacted to protect free movement of Turkish workers in the U.K. Remanded.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: November 23, 2023, Case #: CA-2023-72, Categories: Employment, government, immigration
J. Settle dismisses the security company's lawsuit alleging that the state passed EHB 1090, an allegedly unconstitutional bill that generally prohibits the operation of a private detention facility. Among other factors, the security company's concern that EHB 1090 would allow the state to prevent it from operating a facility under a contract with the U.S. Marshals Service is unfounded, because the security company does not seek this relief in its complaint and EHB 1090 authorizes the U.S. Marshals Service to contract with private detention entities.
Court: USDC Western District of Washington, Judge: Settle, Filed On: November 16, 2023, Case #: 3:21cv5313, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, government, immigration
J. Baker finds a lower court properly dismissed a native of Penang's motion to remain in the U.K. The Penang native argued that he had acquired right to abode benefits in the U.K. prior to the enaction of the British Nationality Act. However, the home department presented sufficient evidence in court that the Penang native is not entitled to relief based on the time of his birth and his lack of close connections to the U.K. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: November 16, 2023, Case #: CA-2023-9, Categories: government, immigration
J. Laing finds a lower court improperly dismissed a native of Iraq's request to remain in the U.K. The Secretary of State argued that his claims that he would face harm upon return to his native land were not credible. However, he presented sufficient evidence in court that he would face violence for engaging in a relationship with a supporter of the Patriotic Union of Kurdistan. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: November 3, 2023, Case #: CA-2022-2237, Categories: Civil Rights, 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. 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. Oldham finds the district court improperly rejected Texas Governor Greg Abbott’s argument that private civil rights suits involving his executive order, which prohibits private individuals from providing ground transportation for previously detained migrants, are barred by sovereign immunity. Though the federal government’s suit challenging the order for being preempted by federal law still stands, sovereign immunity does bar the private suits. Reversed and remanded.
Court: 5th Circuit, Judge: Oldham, Filed On: October 27, 2023, Case #: 22-50212, Categories: government, immigration, Immunity
J. Kennelly splits competing summary judgment motions between a Northwestern University professor pursuing FOIA requests, and several U.S. government agencies seeking to block those FOIA requests. The professor is conducting research into the government’s practice of deporting its own citizens and in pursuit of that research filed FOIA requests with the Department of Health and Human Services, the Department of Homeland Security, Customs and Border Protection, Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, the Department of Justice, and the Executive Office for Immigration Review. The agencies didn’t respond to several of these requests, so he filed suit. The court partially resolves the dispute by dismissing the DOJ and DHS as defendants, ordering the remaining agencies to provide some the information the professor requested, while allowing them to withhold other information. The court will also allow the professor to replead her case for several of the FOIA requests the court denied in this ruling.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: October 2, 2023, Case #: 1:22cv5072, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, immigration, Public Record
J. Jones dismisses the parent's and child's abuse of process claim from their complaint alleging that the government abused the legal processes to initiate a prosecution of the parent in order to designate the child as an unaccompanied minor when they crossed the U.S. border near El Paso, Texas. The parent alleges that the government had the ulterior motive of designating the child as an unaccompanied minor when charging the parent with illegal entry, but this is an argument against the government's reasons for the charge rather than an argument against the process itself.
Court: USDC Western District of Washington, Judge: Jones, Filed On: September 25, 2023, Case #: 2:22cv1193, NOS: Other Personal Injury - Torts - Personal Injury, Categories: government, immigration, Tort
J. Loken finds a lower court properly dismissed a Sudanese national's motion to remain in the U.S. The national of Sudan argued that he would face torture in his native land upon his return, and that he suffers from PTSD after experiencing a "horrific childhood." However, he failed to present sufficient evidence in court that he would be killed by the Sudanese government for mental health challenges. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 25, 2023, Case #: 22-3621, Categories: government, immigration
J. Engelmayer denies the government's motion to dismiss the minor's Federal Tort Claims Act claims alleging that the government wrongfully separated the minor from his father, both of whom are non-citizens, for five days in October 2018. More discovery is required to determine if the government and U.S. Border Patrol based their decision to house the father in a facility without the child due to his criminal history or due to the Zero Tolerance policy.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: August 18, 2023, Case #: 1:20cv5747, NOS: Other Statutory Actions - Other Suits, Categories: government, immigration, Discovery
J. Papillion denies a request for a preliminary injunction against the chief U.S. immigration agency submitted by a regional business center set up by Congress to give foreign nationals the potential to become permanent U.S. residents if they invest in commercial enterprises that create full-time jobs. The regional business center unsuccessfully argued that it would suffer irreparable harm if the government agency is allowed to implement a new rule requiring re-authorization of the regional centers for purposes of sponsoring new foreign investors and projects, such as a major Four Seasons hotel project in New Orleans. The ruling disagrees. An injunctive order would result in the U.S. losing a “significant amount” of regulatory authority over the foreign business centers and disserve the public.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: August 8, 2023, Case #: 2:23cv1534, NOS: Other Statutory Actions - Other Suits, Categories: government, immigration, Business Practices
J. Jackson-Akiwumi denies a request by a Mexican national to halt his removal to Mexico because he fears a gang based in Mexico City will make good on threats to kill him. The immigrant failed to meaningfully challenge the two dispositive issues in his case before the Board of Immigration Appeals or the federal appellate court — the findings of no past persecution by governmental officials under international torture protocols and his ability to relocate beyond the gang upon returning to Mexico.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: July 27, 2023, Case #: 21-2088, Categories: Evidence, government, immigration