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2013

  • Proposed Settlement Blocking Key Provisions of Alabama’s HB 56(3737 KB - 10/30/2013)
    Proposed settlement agreement between Hispanic Interests Coalition of Alabama (HICA) and Gov. Bentley permanently blocking key provisions of Alabama’s HB 56, and significantly limiting racial profiling under the “show me your papers” provisions, sections 12 and 18. (HICA V. Bentley, 10/29/13)
    AILA Doc. No. 13103045.
  • Infosys Settlement of Allegations of Visa Fraud and Abuse of Immigration Processes(579 KB - 10/30/2013)
    Infosys Limited civil settlement agreement of allegations of systemic visa fraud and abuse of immigration processes including a record settlement of $34 million, which is the largest payment ever levied in an immigration case. (U.S. v. Infosys Limited, 10/30/13)
    AILA Doc. No. 13103049.
  • District Court Finds FOIA Exemptions Do Not Apply to PERM Documents(652 KB - 11/26/2013)
    The district court granted Plaintiff’s motion for partial summary judgment, finding that the 272 documents in question could not be withheld under FOIA Exemptions 5 or 7(E) in that they were neither predecisional in nature nor compiled for law enforcement purposes. (Gluckman v. DOL, 11/26/13)
    AILA Doc. No. 13112646.
  • Settlement on Border Patrol’s Practice of Stopping Vehicles Without Reasonable Suspicion(848 KB - 10/15/2013)
    Settlement agreement between the ACLU of WA and NWIRP in a lawsuit challenging the Border Patrol’s practice of conducting or participating in vehicle stops on the Olympic Peninsula without required reasonable suspicion. (Jose Sanchez, et al., v. U.S. Border Patrol, 9/20/13)
    AILA Doc. No. 13101545.
  • SEC Files Fraud Charges For Scheme to Defraud EB-5 Investors(989 KB - 10/4/2013)
    SEC filed fraud charges against a Texas-based scheme targeting EB-5 foreign investors, including allegations of soliciting investors prior to the approval of the EB-5 regional center by USCIS and failing to hold investments in escrow as required. (SEC v. Marco A. Ramirez, et al., 9/30/13)
    AILA Doc. No. 13100460.
  • District Court Holds 8 CFR §§204.5(m)(4), (11) Are Ultra Vires(497 KB - 9/18/2013)
    The district court held 8 CFR §§204.5(m)(4), (11) are ultra vires because they impose an additional requirement beyond those mandated by the statute. Special thanks to William Stock. (Shalom Pentecostal Church v. Beers, 9/16/13)
    AILA Doc. No. 13091841.
  • District Court Requires Bond Hearings for Detainees Incarcerated For More than Six Months(102 KB - 9/6/2013)
    The court granted summary judgment and ordered a permanent injunction requiring bond hearings for all detainees within the Central District of California who have been incarcerated for more than six months or by the 181th day of detention. (Rodriguez v. Holder,, 8/6/13)
    AILA Doc. No. 13090641.
  • District Court Finds Denial of L-1B Neither Arbitrary Nor Capricious(90 KB - 8/30/2013)
    The court upheld USCIS’s denial of L-1B for a Brazilian gaucho chef, in case that was certified to the AAO for clarification on specialized knowledge for intracompany transferees. (Fogo de Chao Churrascaria, LLC v. DHS, 8/9/13)
    AILA Doc. No. 13083046.
  • Litigation Timeline: Lawsuit Challenging DACA Filed by ICE Officers (Updated 7/31/13) (7/31/2013)
    Timeline of major court actions in response to litigation by ICE officers challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program. (Crane v. Napalitano, 7/31/13)
    AILA Doc. No. 13051544.
  • District Court Dismisses Lawsuit Challenging DACA on Procedural Grounds(540 KB - 7/31/2013)
    The court held that the Civil Service Reform Act deprived the court of jurisdiction over the federal employment dispute filed by several ICE officers opposed to implementing DACA. (Crane v. Napalitano, 7/31/13)
    AILA Doc. No. 13073160.
  • District Court Orders ICE to Submit New Documentation in AIC FOIA Case(7221 KB - 7/15/2013)
    The court denied ICE’s motion for summary judgment, concluding that ICE's FOIA search for documents related to the role of counsel was not adequate and did not provide sufficient information to determine whether its withholdings were proper. (American Immigration Council v. DHS, 6/24/13)
    AILA Doc. No. 13071543.
  • District Court Orders Vaughn Index in FOIA Case Over Asylum Officer Notes(554 KB - 7/11/2013)
    The court found credible plaintiff's argument that asylum officer interview notes are not deliberative and ordered USCIS to produce a Vaughn index of withheld documents. (Martins v. USCIS, 7/3/13)
    AILA Doc. No. 13071141.
  • Frequently Asked Questions about the Asylum Clock Class Action Settlement(800 KB - 7/10/2013)
    The American Immigration Council and its co-counsel settled A.B.T., et al. v. USCIS, et al., a nationwide class action challenging the way USCIS and EOIR determine an asylum applicant’s eligibility for an Employment Authorization Document. This FAQ addresses questions about the settlement.
    AILA Doc. No. 13071042.
  • Colorado District Court on “When Released” Under INA §236(c)(84 KB - 6/21/2013)
    A Colorado district court held that the petitioner was not subject to mandatory detention under INA §236(c) because ten years had elapsed since his release from criminal custody. Courtesy of Katharine Speer and Hans Meyer. (Baquera v. Longshore, 6/4/13)
    AILA Doc. No. 13062104.
  • AILA Seeks Release of Records Relating to IJ Misconduct(1980 KB - 6/6/2013)
    Complaint filed by AILA, in conjunction with the AIC and Public Citizen, challenging the refusal of EOIR to disclose complaints alleging misconduct by immigration judges. (American Immigration Lawyers Assn v. EOIR, 6/6/13)
    AILA Doc. No. 13060649.
  • Settlement Agreement on Asylum Work Authorization Class Action Lawsuit(202 KB - 5/14/2013)
    Class notice from District Court in Washington state on the ABT Settlement Agreement which ensures that individuals who seek asylum are entitled to new procedures relating to the crediting of time toward eligibility for employment authorization. (B.H., et al. v. USCIS, 5/14/13)
    AILA Doc. No. 13051442.
  • 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 AZ, CA and WA. (Franco-Gonzalez v. Holder, 4/23/13)
    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 decide the preliminary injunction until the parties submit additional briefing. (Crane v. Napalitano, 4/23/13)
    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. (Bayou Lawn & Landscape Services v. Oates, 4/1/13)
    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. (Martins v. USCIS, 2/11/13)
    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 Employer for H-1B Visa Fraud Scheme(1119 KB - 3/28/2013)
    Western District of North Carolina bill of information against an employer 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. (U.S. v. Raju, 3/19/13)
    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. (U.S. v. Nanda, 2/20/13)
    AILA Doc. No. 13032843.
  • District Court Says 236(c) Requires Immediate Release from Criminal Custody(5067 KB - 3/11/2013)
    The 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 to take him into immigration custody. Courtesy of Paul Grotas. (Almonte v. Hendricks, 2/22/13)
    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). (Williams v. Secretary, DHS, 2/27/13)
    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 pertinent documents. Courtesy of Thomas Ragland (X v. Dept. of State, 2/20/13)
    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' alleged violations of federal securities laws. (SEC v. A Chicago Convention Center, LLP, 2/6/13)
    AILA Doc. No. 13021147.
 
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