9 results for 'cat:"Immigration" AND cat:"Agency"'.
J. Papillion denies a request by the U.S. Citizenship and Immigration Services to dismiss for lack of jurisdiction a Chinese citizen's claims concerning the delay in adjudication of her request for asylum. She alleges the agency has failed to comply with a non-discretionary requirement of federal agencies that requires adjudication of asylum applications “within a reasonable time.” The provision means jurisdiction exists as a federal question under a statute governing the administration of federal agencies.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 12, 2024, Case #: 2:23cv2, NOS: Other Statutory Actions - Other Suits, Categories: immigration, agency, Jurisdiction
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. Floyd finds the Fourth Circuit lacks jurisdiction over the immigration appeal. The Yemen native was a member of the Yemeni Socialist Party, actively fought in Yemen’s civil war in 1994 where he was imprisoned. The U.S. Citizenship and Immigration Services denied his application for asylum status on terrorism grounds. Congress provides that court have no jurisdiction over decisions the authority for which is specified to be in the discretion of the Attorney General.
Court: 4th Circuit, Judge: Floyd, Filed On: April 3, 2024, Case #: 21-2010, Categories: immigration, agency, Jurisdiction
J. Wilkinson finds the lower court properly affirmed the U.S. Citizen and Immigration Services decision to deny residence to a citizen of the Czech Republic. The foreign citizen, who attempted twice to claim he was married to an American, was found to be lying about the first marriage, meaning for his second attempt, he didn't pass the marriage fraud bar, which prohibits the approval of petitions on behalf of any noncitizen who has previously been found to have entered into a fraudulent marriage to circumvent immigration laws. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: February 14, 2024, Case #: 22-2285, Categories: Fraud, immigration, agency
J. Engelmayer finds for the government agency in a computer scientist's challenge to the government's decision to deny him an "extraordinary ability" visa. The agency reasonably did not give much credence to the man's high school awards, and found that none of the newspaper articles published in Azerbaijan about him amount to "major media." Further, the agency reasonable concluded that while the man's work "shows promise," he has not established that it already qualifies as having major significance in his field.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: January 5, 2024, Case #: 1:23cv3372, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: immigration, agency
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J. Ripple finds that the immigration board properly denied the Indian immigrant's application for asylum based on his alleged persecution due to his support of a minority political party that is predominantly Sikh. The medical reports following the immigrant's alleged attack by opposition party members do not support his claim that he suffered broken teeth and needed stitches due to the severity of the beating. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: January 2, 2024, Case #: 23-1192, Categories: immigration, agency
J. Brennan finds that the immigration board correctly found the immigrant removable due to his conviction of complicity to first-degree robbery in Kentucky. The state's complicity law is not overbroad with respect to generic aiding-and-abetting liability, and was properly categorized as a crime of violence. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: December 7, 2023, Case #: 22-2383, Categories: immigration, agency
J. Kavanaugh finds that the district court improperly struck down homeland security policy which prioritizes deportation of illegal immigrants based on threat and/or recent capture because Texas and Louisiana lacked standing to challenge the policy. Reversed.
Court: US Supreme Court, Judge: Kavanaugh, Filed On: June 23, 2023, Case #: 22-58, Categories: immigration, agency
J. Keenan finds the board improperly denied the Salvadorian national's motion to reconsider the dismissal of his requests for asylum and withholding of removal claims. The Board failed to properly regard his credible testimony about the threat of future persecution from MS-13 gang members who had killed his brother, were actively looking to kill another brother and had threatened the petitioner numerous times before fleeing to the United States. Vacated.
Court: 4th Circuit, Judge: Keenan, Filed On: June 23, 2023, Case #: 22-1499, Categories: immigration, agency