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2009

  • Texas District Court Strikes Down Widow Penalty(150 KB - 10/2/2009)
    A Texas District Court held that a widow and I-129F beneficiary, of a U.S. Citizen may adjust status to that of Lawful Permanent Resident regardless of Spouses death prior to removal of conditional residence.(Hanford v. Napolitano, W.D. TX, 9/18/09). AILA Doc. No. 09100223.
    AILA Doc. No. 09100223.
  • Missouri District Court strikes Down Widow Penalty(165 KB - 10/2/2009)
    A Missouri District Court held that a widow of a U.S. Citizen continues to qualify as an “immediate relative” for purposes of § 1151(b)(2)(A)(i), despite the death of her husband prior to the adjudication of her petition and adjustment application. (Kells v. Napolitano, E.D. MO, 9/29/09). AILA Doc. No. 09100222.
    AILA Doc. No. 09100222.
  • Florida District Court Strikes Down Widow Penalty(957 KB - 9/25/2009)
    The U.S. District Court for the Southern District of Florida, Fort Pierce Division, found that despite a U.S. Citizen I-130 petitioner’s death prior to adjudication on the merits, USCIS had no basis to revoke or terminate the petition for classification as an immediate relative. Maclean v. Napolitano (S.D. FL 09/24/09). AILA Doc. No. 09092565.
    AILA Doc. No. 09092565.
  • Maryland District Court Strikes Down Widow Penalty(70 KB - 9/25/2009)
    The U.S. District Court for the District of Maryland, Southern Division, found that petitioners were eligible for classification as immediate relatives of their citizen spouses who died before the couples’ second year of marriage where the citizens filed an I-130 prior to their deaths. Robledo v. Chertoff (S.D. MD 9/25/09). AILA Doc. No. 09092564.
    AILA Doc. No. 09092564.
  • Fourth Circuit Denial Decision on the Motion for Injunction on E-Verify FAR Ruling(347 KB - 9/10/2009)
    On 9/1/2009, counsel in Chamber of Commerce of the U.S.A. et. al. v. Napolitano (S.D.MD, August 26, 2009) sought an emergency injunction pending appeal of the district court’s decision regarding the Federal Contractor E-Verify Rule. The motion was denied, and the rule became effective on 9/8/2009. The motion and the court's ruling are included. AILA Doc. No. 09090262.
    AILA Doc. No. 09090262.
  • District Court Upholds Mandatory E-Verify Rule for Federal Contractors(330 KB - 8/26/2009)
    On August 25, 2009, The United States District Court for the District of Maryland, Southern Division, granted Defendants’ cross motion for summary judgment in Chamber of Commerce of the USA v. Napolitano, a case challenging the mandatory E-Verify rule for federal contractors. Chamber of Commerce of The U.S.A. v. Napolitano, (S.D. Maryland, 08/25/09). AILA Doc. No. 09082661.
    AILA Doc. No. 09082661.
  • Immigration Law Firm Indicted for Conspiracy to Commit Alien Smuggling and Visa Fraud(770 KB - 8/14/2009)
    The U.S. District Court for the District Court of Utah, Central Division, issued an indictment of The Alcala Law Firm, on charges of conspiracy to commit alien smuggling and visa fraud. AILA Doc. No. 09081467.
    AILA Doc. No. 09081467.
  • CSPA Case Certified as a National Class Action(658 KB - 7/20/2009)
    District court certifies class of LPR parents, beneficiaries of 3d and 4th family visa petitions, who seek to enforce “retention of priority date” provision in INA § 203(H)(3) for aged-out children named as derivative beneficiaries in the original petitions. AILF/AILA filed an amicus brief. Costelo, et al. v. Chertoff, et al. (C.D. CA 7/16/09). AILA Doc. No. 09072071.
    AILA Doc. No. 09072071.
  • Grand Jury at SC District Court Indicts Managers for Knowingly Hiring Illegal Immigrants(151 KB - 7/20/2009)
    On July 14, 2009, a Grand Jury at the South Carolina District Court indicted a human resource manager and a complex manager from a poultry plant for knowingly hiring “unauthorized aliens for purposes of employment.” United States of America v. Elaine Crump, Barry Cronic, Columbia Farms (G.D. SC, 07/14/2009). Courtesy of Mary Pivec. AILA Doc. No. 09072060.
    AILA Doc. No. 09072060.
  • GA District Court Finds "Unreasonable Delay" and Orders DOL to Adjudicate ETA-9089(31 KB - 7/16/2009)
    District Court grants request for a TRO against the DOL ordering DOL to make a decision on Defendant’s ETA-9089. Court found that given the particular facts of the case, which involved an aging-out derivative, a 10-month delay in adjudicating was unreasonable. Kumykov v. Carlson (N.D. GA, 6/04/09). Courtesy of Mikiel Davids. AILA Doc. No. 09071661.
    AILA Doc. No. 09071661.
  • NY District Court Holds that Widow Remains Immediate Relative of U.S. Citizen(118 KB - 6/30/2009)
    On June 29, 2009, The New York District Court for the Eastern District of New York held that a widow of a U.S. Citizen with a pending I-130 retains status as a spouse and is eligible for classification as an immediate relative. Richards v. Napolitano (E.D. NY 6/29/9). AILA Doc. No. 09063063.
    AILA Doc. No. 09063063.
  • District Court Enjoins DOL from Temporarily Substituting Old H-2A Regulations(77 KB - 6/30/2009)
    District Court grants preliminary injunction to prevent DOL from suspending H-2A regulations promulgated under the Bush Administration and temporarily reinstating prior H-2A regulations for 9 months at which point the DOL would either lift the suspension or issue a new rule. North Carolina Growers’ Association, Inc. et al. v. Solis et. al.(M.D. NC, 6/29/09). AILA Doc. No. 09063062.
    AILA Doc. No. 09063062.
  • Washington District Court Orders USCIS to Accept Concurrently-Filed Religious Worker I-360s & I-485s(31 KB - 6/12/2009)
    On June 11, 2009, a Washington District Court ordered USCIS to begin accepting concurrently-filed I-360 special immigrant religious worker petitions and I-485 adjustment of status applications. The order also contains a notice to class members of the lawsuit. Courtesy of Robert Gibbs. Ruiz-Diaz v. United States of America, (W.D. Wash.) AILA Doc. No. 09061234
    AILA Doc. No. 09061234.
  • In No-Match Litigation Government Requests Extension in Briefing Schedule(245 KB - 6/11/2009)
    On June 10, 2009, DHS attorneys asked the U.S. District Court for Northern California for an extension to file response briefs to a motion for summary judgment in the no-match litigation. The motion indicated that DHS is evaluating numerous options, including whether to maintain the Rule in its current form, or to seek amendment or repeal. AILA Doc. No. 09061133.
    AILA Doc. No. 09061133.
  • Chamber of Commerce Announces Delay in Implementation of FAR E-Verify Regulation Until September(364 KB - 6/1/2009)
    On 5/29/09, the U.S. Chamber of Commerce announced that the litigants in the court challenge to FAR Council regulations mandating the use of the E-Verify/Basic Pilot program agreed to extend the applicability date of the regulation until 9/8/09. AILA Doc. No. 09060130.
    AILA Doc. No. 09060130.
  • Court Issues Final Order in Surviving Spouse Litigation (Updated 5/4/09) (5/4/2009)
    Final order issued in a class action challenge to the widow penalty. The District Court found that plaintiffs in the Ninth and Sixth Circuits are entitled to "immediate relative" classification as surviving spouses of deceased U.S. citizens, and it invalidated guidance set forth in a 11/07 Aytes memo. Hootkins v. Chertoff (C.D. CA, 4/28/09).
    AILA Doc. No. 09042170.
  • District Court Overturns Illinois E-Verify Statute(47 KB - 3/25/2009)
    District court rules that an Illinois act, prohibiting employers from participating in E-Verify until SSA and DHS databases are able to make a determination on 99% of the tentative nonconfirmation notices issued to employers within 3 days, is invalid under the Supremacy Clause. United States of America v. State of Illinois ( C. D. IL, 3/12/09). AILA Doc. No. 09032530.
    AILA Doc. No. 09032530.
  • WA District Court Rules Religious Workers Can File I-360 & I-485 Concurrently(236 KB - 3/25/2009)
    Washington District Court grants plaintiffs’ motion for summary judgment, finding that the defendants may not reject or refuse to accept the plaintiffs’ applications for adjustment based on the regulation barring religious workers from concurrent filing. Courtesy of Robert Gibbs. Ruiz-Diaz et al v. United States of America et al. (W.D. WA, 3/23/09). AILA Doc. No. 09032569.
    AILA Doc. No. 09032569.
  • Warrant Application for ICE Raid on Yamato in Washington State (3/12/2009)
    These documents are the warrant application and the return in the ICE Raid on Yamato Engine Specialists, a manufacturing company in Bellingham, Washington. AILA Doc. No. 09031261.
    AILA Doc. No. 09031261.
  • California District Ct. Finds Plaintiff Not Barred from Adjustment Despite Unauthorized Employment(53 KB - 3/9/2009)
    California District Court grants plaintiff’s motion for summary judgment. Finds that the plaintiff, whose period of unauthorized employment exceeded 180 days, was not barred from adjustment, having satisfied the “no fault/technical reasons” exception at INA § 245(c)(2). Courtesy of Ruben Sarkisian. Alimoradi v. USCIS (C.D. CA, 2/10/09). AILA Doc. No. 09030964.
    AILA Doc. No. 09030964.
  • District Court Notice of Hootkins Class Action Law Suit Over Widow Penalty (3/4/2009)
    The U.S. District Court for the Central District of California has issued a notice to foreign national widows and widowers of U.S. citizens regarding the pending class action suit Hootkins v. Napolitano. AILA Doc. No. 09030467.
    AILA Doc. No. 09030467.
  • Court Finds Child Support Payments Do Not Offset Obligations Under Affidavit of Support(30 KB - 2/13/2009)
    Memo denying the defendant's motion and granting the plaintiff's motion. Plaintiff filed claim to enforce defendant’s obligations pursuant to the Affidavit of Support that he signed after they were married. He contended his obligation should be reduced by the plaintiff’s alimony, child support, and any wages she received. Younis v. Farooqi (MD, 2/10/09). AILA Doc. No. 09021364.
    AILA Doc. No. 09021364.
  • Visions Systems Group, Inc. Indictment for Conspiracy in Visa and Mail Fraud(789 KB - 2/13/2009)
    On 1/22/09 Visions System Group, Inc. was indicted for conspiracy and fraud in filing H-1B petitions and labor certification applications, as well as mail fraud. United States v. Vision Systems Group, Inc. (S.D. IA, 1/22/09). AILA Doc. No. 09021362.
    AILA Doc. No. 09021362.
  • Mass. District Court Rules It Can Review a Visa Denial when First Amendment Rights Are at Issue(124 KB - 2/6/2009)
    There court finds exception to the doctrine of consular nonreviewability. In cases where there is a claim that constitutional rights of citizens have been affected, judicial review is permitted to determine whether a visa was denied on the basis of a facially legitimate and bona fide reason. American Sociological Association v. Chertoff (MA, 12/8/08). AILA Doc. No. 09020664.
    AILA Doc. No. 09020664.
  • Chamber of Commerce Announces Further Delay In Implementation of FAR E-Verify Regulation(358 KB - 1/28/2009)
    On 01/27/09, U.S. Chamber announced that the litigants in the court challenge to the FAR Council’s regulations mandating the use of the E-Verify/Basic Pilot program agreed to extend the applicability date to 05/21/09, and asked the court to stay the proceedings to allow the new administration an opportunity to review the rule. AILA Doc. No. 09012861.
    AILA Doc. No. 09012861.
  • Court Finds Pretrial Diversion Agreement Does Not Constitute Conviction for Aggravated Felony(4396 KB - 1/15/2009)
    Court grants motion for summary judgment seeking de novo review of natz application denial. Court concludes that the Pretrial Diversion Agreement the petitioner entered into does not constitute a conviction for an aggravated felony, as the petitioner's guilt was not established by trial, plea or admission. (E.D. VA, 1/13/09). Courtesy of Alex I. Craciunescu. AILA Doc. No. 09011560.
    AILA Doc. No. 09011560.
  • United Farm Workers Files Suit Challenging Revised DOL H-2A Regulations(163 KB - 1/13/2009)
    Complaint filed in the United Farm Workers suit challenging revised DOL H-2A regulations (73 FR 77109, 12/18/08) that undo worker protections currently in the regulations and reduce DOL’s role in overseeing and enforcing statutory mandates of the H-2A program. United Farm Workers et. al. v. Chao et. al. AILA Doc. No. 08011330.
    AILA Doc. No. 08011330.
  • Proskauer Rose’s Statement on Delayed Implementation of FAR E-Verify Regulation(47 KB - 1/9/2009)
    On January 9, 2009, Proskaur Rose issued a statement regarding the delayed implementation of the FAR E-Verify Regulation. The delayed implementation of the rule is a result of a lawsuit filed by the U.S. Chamber of Commerce, represented by Proskaur Rose. AILA Doc. No. 09010931.
    AILA Doc. No. 09010931.