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District Courts

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  • Litigation Timeline: Lawsuit Challenging DACA Filed by ICE Officers (5/15/2013)
    Timeline of major court actions in response to litigation by ICE officers challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program. AILA Doc. No. 13051544.
  • Settlement Agreement on Asylum Work Authorization Class Action Lawsuit(1147 KB - 5/14/2013)
    Class notice from U.S. District Court in Washington state on the ABT Settlement Agreement which ensures that individuals who seek an asylum application are entitled to new procedures relating to the crediting of time toward eligibility for employment authorization. AILA Doc. No. 13051442.
  • Litigation Timeline: H-2B Prevailing Wage Methodology (Updated 4/26/13) (4/26/2013)
    Timeline of major court and agency actions in response to litigation challenging DOL’s methodology for determining prevailing wages for the H-2B temporary nonagricultural worker program. AILA Doc. No. 10100171.
  • District Court Orders DHS to Provide Representation for Certain Detainees with Mental Disabilities(599 KB - 4/24/2013)
    The district court ordered ICE and EOIR to provide legal representation to certain immigrant detainees with mental disabilities who are facing deportation. The ruling in the class-action lawsuit applies to certain detainees in Arizona, California and Washington. AILA Doc. No. 13042452.
  • District Court Finds Lawsuit Challenging DACA Likely to Succeed on the Merits(645 KB - 4/24/2013)
    The court found that the ICE agent plaintiffs are likely to succeed on the merits of their claim, which alleges that the DHS memo on DACA violates federal law, although it will not a decision on the preliminary injunction until the parties submit additional briefing. AILA Doc. No. 13042443.
  • District Court Enjoins Indiana Immigration Enforcement Laws(587 KB - 4/4/2013)
    The court permanently enjoined Sec. 18 and 20 of SEA 590, which conferred the power to make immigration-related arrests on law enforcement officers and made certain offenses related to consular ID documents civil infractions. (Buquer v. City of Indianapolis, 3/28/13) AILA Doc. No. 13040448.
  • Lawsuit Challenges DOL’s 2012 H-2B Final Rule (Updated 4/2/13) (4/1/2013)
    On 4/16/12, a group of businesses and business association filed a lawsuit in the Northern District of Florida challenging the DOL’s Final Rule on Non-Agricultural Employment of H-2B Aliens. AILA Doc. No. 12042743.
  • District Court Complaint Challenges Withholding Asylum Interview Notes Under FOIA(1876 KB - 4/1/2013)
    Complaint filed by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area challenging the USCIS policy of withholding asylum interview notes in response to FOIA requests submitted for applicants’ A files. AILA Doc. No. 13040154.
  • District Court Grants Permanent Injunction Against 2008 H-2B Wage Rule(683 KB - 3/28/2013)
    Noting that DOL has continued to use the 2008 wage rule long after it was found procedurally invalid by the court and substantively invalid by DOL, the court vacated the rule and ordered DOL to comply with the court order within 30 days. (CATA v. Solis, 3/21/13) AILA Doc. No. 13032848.
  • Bill of Information Against Indian National for H-1B Visa Fraud Scheme(1119 KB - 3/28/2013)
    Western District of North Carolina bill of information against Indian national for participating in a scheme to fraudulently obtain H-1B immigration visas by making materially false statements to DOL and USCIS regarding employment of foreign nationals to their company. AILA Doc. No. 13032844.
  • Grand Jury Indicts Six Texas Residents for H-1B Visa Fraud Scheme(939 KB - 3/28/2013)
    Grand jury indictment against six members of a Texas information technology company who sponsored workers’ H-1B visas for their company, but required that the workers actually provide consulting services to third-party companies located elsewhere. AILA Doc. No. 13032843.
  • District Court Says 236(c) Requires Immediate Release from Criminal Custody(5067 KB - 3/11/2013)
    The U.S. District Court in New Jersey held that Petitioner’s detention was governed by INA 236(a) rather than 236(c) because DHS waited 13 years after his release from criminal custody for the underlying offense to take him into immigration custody. Courtesy of Paul Grotas. AILA Doc. No. 13031159.
  • Florida District Court Denies Remarried Widow’s Claim(475 KB - 2/28/2013)
    A district court in Florida upheld the denial of an adjustment application filed by a widow of a U.S. citizen who claimed eligibility under §204(l), citing the remarriage bar contained in the self-petitioning portion of §201(b)(2)(A)(i). AILA Doc. No. 13022854.
  • District Court Denies DOS Motion for Summary Judgment in FOIA Case(3212 KB - 2/25/2013)
    The DC district court held that INA §222(f) cannot be extended to cover materials unrelated to visa issuance or denial simply because those documents are contained in a database among other documents that may pertain to visa issuances and denials. Courtesy of Thomas Ragland AILA Doc. No. 13022555.
  • SEC Complaint Against Two EB-5 Companies(4413 KB - 2/11/2013)
    SEC filed civil law enforcement action against EB-5 companies to protect investors from potentially millions of dollars of losses as a result of the defendants’ violations of federal securities laws. AILA Doc. No. 13021147.
  • District Court Dismisses Lawsuit Challenging Senate Filibuster(544 KB - 12/21/2012)
    The court held that the plaintiffs, who sought a declaratory judgment that the filibuster rule was unconstitutional, lacked standing to sue and wrote that “to intrude into this area would offend the separation of powers.” (Common Cause v. Biden, 12/21/12) AILA Doc. No. 12122147.
  • District Court Orders USCIS to Release Records to American Immigration Council(1130 KB - 12/6/2012)
    The district court concluded that two-thirds of the withheld records contested by the AIC should have been largely or wholly released by USCIS. AIC submitted the FOIA request to USCIS for documents related to the role of counsel in immigration proceedings. AILA Doc. No. 12120662.
  • Law Firm President Given Ten Months in Prison for Role in Visa Fraud Scheme (11/16/2012)
    Court documents and press releases relating to an ICE, FDNS, and DOL investigation of a California law firm for the filing of at least 137 fraudulent immigration petitions for nearly 100 clients between 1996 and 2009. AILA Doc. No. 12111650.
  • Grand Jury Indicts California Attorney and Two Others in Visa Fraud Scheme(1853 KB - 11/16/2012)
    Grand jury indictment against a California attorney and two others setting forth numerous charges in connection with the filing of alleged fraudulent employment-based immigration petitions with USCIS and DOL for more than 100 clients. AILA Doc. No. 12111647.
  • ICE Investigation Uncovers Ten-Year Immigration Fraud Scheme(5704 KB - 11/16/2012)
    District court complaint and affidavit of probable cause setting forth allegations that three individuals and their associates engaged in a ten-year scheme to submit fraudulent employment-based immigration petitions to USCIS and DOL using shell companies. AILA Doc. No. 12111646.
  • District Court Upholds Denial of EB-1 Extraordinary Ability Petition for Table Tennis Player(621 KB - 11/16/2012)
    The court granted summary judgment in favor of the government, finding that the denial of the EB-1 petition under a Kazarian analysis was not arbitrary, capricious, or an abuse of discretion. The court also rejected the claim that USCIS acted in bad faith. AILA Doc. No. 12111644.
  • New Jersey District Court on Mandatory Detention Under 236(c)(521 KB - 11/9/2012)
    A New Jersey district court held that the “when released” language found in the mandatory detention provisions of INA § 236(c) mean that detention must occur immediately after release from criminal custody. Courtesy of Paul Grotas. AILA Doc. No. 12110954.
  • Joint DOL/ICE Investigation Reveals Alleged H-1B Fraud Scheme(3292 KB - 11/8/2012)
    District Court complaint against the owner of a Los Angeles employment agency for allegedly filing more than 100 fraudulent H-1B petitions on behalf of aliens she falsely claimed had been recruited for positions with prominent hospitals and non-profit organizations. AILA Doc. No. 12110856.
  • New Jersey District Court Orders Bond Hearing(949 KB - 10/29/2012)
    The NJ district court held that the petitioner, who was detained by DHS over two years after his release from criminal custody, is entitled to a bond hearing under the plain meaning of INA §236(c) . Courtesy of Paul Grotas. 12102949.
  • New Jersey District Court on “When Released” Language in §236(c)(562 KB - 10/29/2012)
    The NJ district court found that the petitioner, who was detained by DHS 5 years after release from criminal custody, is entitled to a bond hearing and noted the “vast majority of courts” have held that the “when released” language is unambiguous. Courtesy of Paul Grotas. AILA Doc. No. 12102948.
  • District Court Awards $321,014 in Attorneys’ Fees and Costs in FOIA Case(579 KB - 10/23/2012)
    The court awarded $321,014 in fees and costs, rejecting the claim that bureaucratic inefficiencies caused delays and withholding of documents, finding that Defendants’ actions “may not have been in good faith” and “teeter on the edge of obduracy.” Courtesy of Kip Steinberg. AILA Doc. No. 12102344.
  • District Court Grants EAJA Award in Contested Naturalization Case(503 KB - 9/19/2012)
    The district court awarded $66,764 in fees and costs under EAJA, finding the denial of petitioner’s naturalization application on the grounds he previously provided false testimony unreasonable, and therefore, not substantially justified. Courtesy of Kip Evan Steinberg. AILA Doc. No. 12091954
  • District Court Vacates USCIS Decision in E-2 Visa Lawsuit(527 KB - 9/18/2012)
    A Florida district court held that USCIS abused its discretion when it determined that the plaintiff was not eligible for an “E-2 Treaty Investor” classification, vacated the agency’s decision, and remanded the case to USCIS. AILA Doc. No. 12091851.
  • District Court Holds USCIS Violated Notice Regulation(518 KB - 9/6/2012)
    The Arizona district court found that USCIS violated due process by failing to notify the plaintiff of adverse evidence and provide an opportunity to respond before revoking his I-140 and denying his adjustment application in violation of 8 C.F.R. §103.2(b)(16)(i). AILA Doc. No. 12090646.
  • District Court Upholds 2011 H-2B Wage Rule(596 KB - 8/29/2012)
    In a lawsuit challenging the 2011 DOL rule on H-2B wages, the district court granted defendant’s summary judgment motion, finding that DOL has the authority to make the legislative rules, and the rulemaking did not violate the APA. AILA Doc. No. 12082957.
  • ICE Agents File Lawsuit Challenging DACA Memo(674 KB - 8/24/2012)
    The lawsuit was filed in a Texas District Court on 8/23/12, and alleges that the DHS memorandum on deferred action for childhood arrivals violates federal law and requires ICE officers to violate their oaths to uphold federal law. AILA Doc. No. 12082445.
  • District Court Issues Settlement Notice in EAD Class Action(468 KB - 8/15/2012)
    The Central District of California announced a settlement agreement in Dayo v. Napolitano, a class action affecting individuals in removal proceedings in Los Angeles who renewed their adjustment application in proceedings and were denied employment authorization. AILA Doc. No. 12081560.
  • Court Rejects B-1 in Lieu of H-1B Whistleblower Claims(517 KB - 8/23/2012)
    An Alabama district court granted summary judgment against the plaintiff, who alleged his company illegally employed B-1 visa holders to avoid H-1B limitations and retaliated against him for filing a whistleblower complaint. (Palmer v. Infosys Technologies, 8/20/12) AILA Doc. No. 12082341.
  • District Court Finds Operations and Financial Analyst Not a Specialty Occupation(480 KB - 7/18/2012)
    U.S. District Court in Minneapolis granted the government’s motion for summary judgment and determined that USCIS did not abuse its discretion in determining that an operations and finance analyst position is not a specialty occupation. AILA Doc. No. 12071863.
  • Class Action Lawsuit Challenges DOMA in Immigration Context(3653 KB - 7/18/2012)
    The complaint, filed in the Central District of California, seeks declaratory and injunctive relief, including a declaration that DOMA violates the Constitution by refusing to recognize Plaintiffs’ lawful marriages for the purposes of conferring immigration benefits. AILA Doc. No. 12071862.
  • District Court Lawsuit Challenges Visa Denial Based on Gang Tattoos(967 KB - 7/13/2012)
    Complaint filed in district court of Idaho challenging the denial of the plaintiff’s I-130. The complaint argues that plaintiff’s tattoos do not indicate gang involvement and that the defendants have no reason to believe he is involved in gang activity. AILA Doc. No. 12071351.
  • District Court Orders Bond Hearing for LPR Detained Under INA § 235(3475 KB - 6/5/2012)
    The court held that the petitioner - who is an LPR detained for 26 months under INA § 235 after returning from a trip abroad because the government argued he was convicted of an aggravated felony years earlier - was entitled to a bond hearing. Courtesy of Raymond Lahoud. AILA Doc. No. 12060548.
  • District Court Grants EAJA Fees in H-1B Litigation(487 KB - 5/31/2012)
    The court found that the arguments USCIS used to defend the denial of an H-1B for a market research analyst were not substantially justified, noting that they carried no persuasive force in this particular case. Courtesy of Rob Cohen. (RFC v. USCIS, 5/14/12) AILA Doc. No. 12053155.
  • District Court Blocks Implementation of H-2B Rules(542 KB - 4/27/2012)
    District Court order granting Plaintiffs’ preliminary injunction and enjoining the Department of Labor from enforcing the 2012 H-2B final rule, which was scheduled to go into effect on 4/27/12. AILA Doc. No. 12042740.
  • New Mexico District Court on Mandatory Detention Under 236(c)(495 KB - 4/20/2012)
    In an unpublished decision, the District of New Mexico found that the mandatory detention provisions of INA § 236(c) did not apply because the petitioner was not detained immediately upon his release from criminal custody. Courtesy of Olsi Vrapi. AILA Doc. No. 12042041.
  • New Jersey District Court on Mandatory Detention Under 236(c)(514 KB - 4/18/2012)
    In an unpublished decision, the District of New Jersey granted the habeas petition and found that mandatory detention under INA § 236(c) does not apply where the noncitizen was taken into custody over 12 years after the statutory offense. Courtesy of Michael Z. Goldman. AILA Doc. No. 12041842.
  • Businesses and Associations Sue DOL Over H-2B Final Rule(532 KB - 4/17/2012)
    The complaint, filed in the Northern District of Florida, alleges that the Department of Labor lacks rulemaking authority, and asks the court to vacate the rule and to issue a preliminary injunction. AILA Doc. No. 12041745.
  • District Court Finds LPRs Have Right to Bear Arms(539 KB - 4/6/2012)
    The district court found that lawful permanent residents are among “the people” for whom the Second Amendment the U.S. Constitution provides a right to bear arms. (Fletcher v. Haas, 3/30/12) AILA Doc. No. 12040649.
  • Court Orders USCIS to Process “A” File FOIAs in 20 Days and Expedite Requests for “Exceptional Need or Urgency” (Updated 5/9/12) (5/9/2012)
    Finding USCIS routinely violates the Freedom of Information Act, the district court issued a permanent injunction ordering USCIS to provide a requestor’s A file within the 20-day statutory time limit and to respond to appeals within 20 days. (Hajro v. USCIS, 5/7/12) AILA Doc. No. 12032368.
  • District Court Orders USCIS to Grant H-1B for Market Research Analyst(79 KB - 3/12/2012)
    The court rejected USCIS’s narrow interpretation of the OOH, noting that degrees rarely come bearing occupation-specific majors and finding that it is the knowledge that is important when evaluating H-1B eligibility. Courtesy of Rob Cohen. (RFC v. USCIS, 3/12/12) AILA Doc. No. 12031265.
  • Widow Class Action Settlement Expires 4/5/12 (3/9/2012)
    The class action settlement agreement in Hootkins v. Napolitano covering widows of US citizens with Ninth Circuit ties is due to expire on 4/5/12. AILA Doc. No. 12030963.
  • Yale Law School Files Class Action Challenging Detainers (2/27/2012)
    Class action lawsuit filed by Yale Law School’s Worker and Immigrant Rights Advocacy Clinic, challenging the use of immigration detainers in Connecticut. The lawsuit, filed on 2/13/12, argues that immigration detainers violate the Fourth, Tenth, and Fourteenth Amendments. AILA Doc. No. 12022742.
  • District Court Orders Disclosure of DOJ Emails(264 KB - 2/10/2012)
    The court ordered the government to disclose Department of Justice emails communicating the policy for returning immigrants who are wrongfully deported while their judicial appeals are pending. (NIP-NLG v. DHS, 2/7/12) AILA Doc. No. 12021067.
  • District Court Finds Religious Worker Regulations Ultra Vires(515 KB - 2/8/2012)
    The court held that 8 C.F.R. §§ 204.5(m)(4), (11) were ultra vires to the INA, that the Defendants’ failure to restore Plaintiffs to their prior status upon revoking their advance parole was contrary to law. (Shia Association of Bay Area v. U.S., 2/1/12). AILA Doc. No. 12020849.
  • Class Action Lawsuit Challenges Restrictions on Religious Workers(132 KB - 1/30/2012)
    The class action complaint, filed in the Northern District of Illinois, challenges the USCIS policy of counting the time that R-1 religious workers spend outside the U.S. against the 5-year maximum that R-1 religious workers may remain in the U.S. AILA Doc. No. 12013060.
  • District Court Grants Class Certification in Shackling Case(311 KB - 1/11/2012)
    The court granted plaintiffs’ class certification motion and denied defendants’ motion to dismiss in a case challenging a policy that requires all civil immigration detainees to be shackled during appearances in immigration court. (Abadia-Peixoto v. DHS, 12/23/11) AILA Doc. No. 12011170.