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2010

  • IT Staffing Firm Pleads Guilty to Mail Fraud in Connection with H-1B Filings(326 KB - 12/16/2010)
    The district court accepted a plea agreement whereby the defendant, an IT staffing firm that filed H-1B petitions through an Iowa shell subsidiary, agreed to accept a guilty plea for one count of mail fraud under 18 USC §1341. (U.S. v. Vision Systems Group, 10/14/10) AILA Doc. No. 10121660.
    AILA Doc. No. 10121660.
  • District Judge Orders DHS to Permit Return of Family for Removal Hearing(59 KB - 11/30/2010)
    The court directed DHS to allow Plaintiffs, who had been denied readmission on advance parole, to return to the U.S. for a removal hearing and an opportunity to renew their applications for adjustment of status. (Abdur-Rahman v. Napolitano, 11/10/10) AILA Doc. No. 10113060.
    AILA Doc. No. 10113060.
  • Notice of Proposed Settlement and Hearing on Special Immigrant Juveniles(59 KB - 11/4/2010)
    District court notice of a proposed settlement and hearing in a class action for Special Immigrant Juvenile (SIJ) applicants. The hearing is scheduled for 12/13/10 in the U.S. District Court for the Central District of California (Perez-Olano v. Holder). AILA Doc. No. 10110430.
    AILA Doc. No. 10110431.
  • District Court Extends Deadline for Final H-2B Wage Rule(61 KB - 10/27/2010)
    The district court extended the deadline by which DOL must complete new rulemaking regarding the calculation of prevailing wage rates in the H-2B program until January 18, 2011. (CATA v. Solis, 10/27/10) AILA Doc. No. 10102759.
    AILA Doc. No. 10102759.
  • Grand Jury Indicts Michigan Dairy Farm on Harboring Charges(445 KB - 10/22/2010)
    Federal grand jury indictment of Aquila Farms, LLC and two supervisors for conspiring to harbor undocumented workers after receiving notification from SSA that the named individuals were not authorized to work. (U.S.A. v. Verhaar, 09/22/10) AILA Doc. No. 10102271.
    AILA Doc. No. 10102271.
  • District Court Finds NY Pharmacist Licensing Law Unconstitutional(111 KB - 10/22/2010)
    The court found New York Education Law §6805(1)(6), which limits pharmacist licenses to U.S. citizens and LPRs, unconstitutional under the Equal Protection Clause and because it encroaches upon federal power to regulate immigration (Adusumelli v. Steiner, 9/29/10) AILA Doc. No. 10102261.
    AILA Doc. No. 10102261.
  • District Judge Orders Friendly House SB-1070 Case to Proceed (10/13/2010)
    District Court order granting in part and denying in part Defendants’ motions to dismiss. (Friendly House v. Whiting, 10/8/10) AILA Doc. No. 10101365.
    AILA Doc. No. 10101365.
  • District Court Rules on Motions for Summary Judgment in FOIA Suit(201 KB - 10/8/2010)
    Court granted in part and denied in part defendant federal agencies’ motions for summary judgment in case arising from FOIA requests by a foreign national placed in removal proceedings after his visa was administratively revoked (El Badrawi v. DHS, 08/30/08) AILA Doc. No. 10100870.
    AILA Doc. No. 10100870.
  • District Court Orders DOL to Promulgate New H-2B Prevailing Wage Regulations(365 KB - 10/1/2010)
    The court invalidated DOL’s use of skill levels in establishing prevailing wages and the use of OES data in lieu of Davis Bacon and Service Contract rates. DOL was ordered to promulgate new regulations on H-2B prevailing wage calculations. (CATA v. Solis, 8/30/10). AILA Doc. No. 10100169.
    AILA Doc. No. 10100169.
  • Southern District of Florida Dismisses University Employee’s Forced Labor Claims(338 KB - 9/9/2010)
    The court found no forced labor violation under 18 USC 1589, where Defendant refused to increase Plaintiff’s pay for new responsibilities because they were already paying for his labor certification fees. (Alvarado v. Universidad Carlos Albizu, 8/25/10). AILA Doc. No. 10090980.
    AILA Doc. No. 10090980.
  • US Files Complaint Against Sheriff Joe Arpaio for Noncompliance with Discrimination Investigation(35 KB - 9/3/2010)
    Complaint filed by U.S. government against Sheriff Arpaio seeking declaratory and injunctive relief for his refusal to cooperate with a DOJ investigation of alleged national origin discrimination in his police practices and jail operations. (U.S. v. Maricopa County). AILA Doc. No. 10090364.
    AILA Doc. No. 10090364.
  • Suit Challenging Employer-Employee/Third-Party Placement Memo (Updated 8/16/10) (8/16/2010)
    On 8/13/10, the District Court dismissed with prejudice Broadgate, Inc.,et al v. USCIS, a case challenging the 1/8/10 Neufeld employer-employee/third-party placement memo. The court held that the memo does not constitute final agency action subject to judicial review. AILA Doc. No. 10060830.
    AILA Doc. No. 10060830.
  • ACLU Files Complaint against Nebraska City Challenging Discriminatory Law(1527 KB - 7/23/2010)
    The ACLU filed a federal lawsuit against the city of Fremont, Nebraska, challenging a law that requires prospective renters to provide the police department with citizenship or immigration status information prior to renting a home and requires employers to use E-Verify. AILA Doc. No. 10072367.
    AILA Doc. No. 10072367.
  • AILA/AIC FOIA Litigation Seeks Release of Documents Concerning H-1B Review Process (7/21/2010)
    On 7/20/10, the American Immigration Council’s Legal Action Center, on behalf of AILA, filed a lawsuit against DHS and USCIS, seeking release of documents concerning H-1B adjudications under the Freedom of Information Act and the Administrative Procedures Act. AILA Doc. No. 10072167.
    AILA Doc. No. 10072167.
  • Complaint Filed in Federal Court Challenging the Policies and Procedures Relating to I-129F Consular Returns(273 KB - 7/9/2010)
    AILA member Brent Renison filed a class action lawsuit in Oregon federal court, challenging the policies and procedures of the DOS and USCIS relating to consular returns of K-1 fiance(e) petitions. AILA Doc. No. 10070967.
    AILA Doc. No. 10070967.
  • Former CBP Officer Indicted for Taking Bribes From Foreign Restaurant Workers(295 KB - 6/29/2010)
    A former CBP supervisor at Midway Airport has been indicted for allegedly taking about $52,000 in bribes to allow foreign employees of three area restaurants to extend their stays in the United States. AILA Doc. No. 10062976
    AILA Doc. No. 10062976.
  • Northern District of California Court Addresses Border Agent Laptop Searches(40 KB - 6/17/2010)
    In an unpublished decision, the Court held that a search of a traveler’s laptop was an extended border search supported by reasonable suspicion, but that a search conducted several months later required a warrant. (United States of America v. Hanson, 6/2/10). AILA Doc. No. 10061769.
    AILA Doc. No. 10061769.
  • Southern District of Iowa Court Rules on the Defendants’ Motions in Visa and Mail Fraud Case(314 KB - 6/2/2010)
    The Court ruled to grant in part and deny in part both Defendants’ Motion to Dismiss and Motion to Suppress. Also suppressed are fruits derived from Government’s search of Defendants’ data images. United States v. Vision Systems Group, Inc. (S.D. IA, 3/24/10). AILA Doc. No. 10060260.
    AILA Doc. No. 10060260.
  • ACLU and Civil Rights Groups File Legal Challenge to AZ Law SB 1070 (5/18/2010)
    The American Civil Liberties Union (ACLU) and a coalition of civil rights groups filed a lawsuit in district court challenging Arizona's new law requiring law enforcement officers to demand documents where "reasonable suspicion" exists that a person might be undocumented. AILA Doc. No. 10051865.
    AILA Doc. No. 10051865.
  • District Court Indicts Corporation for Hiring and Employing Undocumented Immigrants(9607 KB - 4/29/2010)
    San Diego corporation indicted for knowingly making false attestations on I-9 Forms, hiring employees unauthorized to work in the U.S., and employing those aliens after learning of their ineligibility to work. U.S. v. The French Gourmet Inc. (SD Cal. 04/15/10). AILA Doc. No. 10042931.
    AILA Doc. No. 10042131.
  • Northern Texas District Court Rules Local Immigration Housing Law Invalid(351 KB - 3/25/2010)
    The Court ruled that a Farmers Branch, TX city ordinance that attempted to regulate access to rental housing by undocumented individuals was in violation of the Supremacy Clause. Villas at Parkside Partners v. The City of Farmers Branch, TX. (N.D. TX 03/24/10). AILA Doc. No. 10032563.
    AILA Doc. No. 10032563.
  • U.S. Attorney’s Office of Colorado Announces Indictment on Immigration and Tax Related Charges(39 KB - 2/12/2010)
    U.S. Attorney’s Office of Colorado press release announcing grand jury indictment for Boulder, CO man on charges of defrauding his foreign national employees, harboring undocumented immigrants, and other immigration and tax related charges. AILA Doc. No. 10021263.
    AILA Doc. No. 10021263.