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2012

  • 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.
  • 26 Individuals Including Six Lawyers Charged with Immigration Fraud Schemes (12/20/2012)
    U.S. Attorney’s Office for the Southern District of New York unsealed indictment of 26 people for allegedly participating in immigration fraud schemes related to the submission of hundreds of asylum applications containing fabricated claims of persecution. (U.S. v. Liu, 12/20/12)
    AILA Doc. No. 12121953.
  • District Court Orders USCIS to Release Records to American Immigration Council(565 KB - 12/6/2012)
    The district court concluded that 2/3 of the contested withheld records 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. (American Immigration Council v. DHS, 11/27/12)
    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. (U.S. v. Giles, 10/29/09)
    AILA Doc. No. 12111650.
  • 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. (U.S. v. Giles, 10/13/09)
    AILA Doc. No. 12111646.
  • District Court Upholds Denial of EB-1 Extraordinary Ability Petition for Table Tennis Player(621 KB - 11/16/2012)
    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. (Noroozi v. Napolitano, 11/14/12)
    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. (Charles v. Shanahan, 10/9/12)
    AILA Doc. No. 12110954.
  • Joint DOL/ICE Investigation Reveals Alleged H-1B Fraud Scheme(3292 KB - 11/8/2012)
    Complaint against the owner of an LA 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. (U.S. v. Tabafunda, 10/16/12)
    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. (Munoz v. Tay-Taylor, 8/6/12)
    AILA Doc. No. 12102949.
  • New Jersey District Court on “When Released” Language in §236(c)(562 KB - 10/29/2012)
    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 many courts have held that the “when released” language is unambiguous. Courtesy of Paul Grotas. (Dimanche v. Tay-Taylor, 8/9/12)
    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 “teeter on the edge of obduracy.” Courtesy of Kip Steinberg. (Hajro v. USCIS, 10/15/12)
    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. Courtesy of Kip Evan Steinberg. (Hajro v. Barret, 9/18/12)
    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. (All Bright Sanitation of Colorado, Inc. v. USCIS, 9/11/12)
    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. (Ilyabaev v. Kane, 3/22/12)
    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. (Louisiana Forestry Assn, Inc. v. Solis, 8/20/12)
    AILA Doc. No. 12082957.
  • ICE Agents File Lawsuit Challenging DACA Memo(674 KB - 8/24/2012)
    A suit filed in a Texas District Court 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. (Crane v. Napalitano, 8/23/12)
    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 a class action affecting individuals in removal proceedings in Los Angeles who renewed their adjustment application in proceedings and were denied employment authorization. (Dayo v. Napolitano, 8/15/12)
    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. (Palace Wine and Spirits, Inc. v. USCIS, 5/25/12)
    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 immigration benefits. (Aranas v. Napolitano, 7/12/12)
    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. (Cardenas v. U.S., 7/6/12)
    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, 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. (Bautista v. Sabol, 5/24/12)
    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. (Bayou Lawn & Landscape Services v. Solis, 4/26/12)
    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. (Valdez v. Terry, 4/18/12)
    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. (X v. Elwood, 4/9/12)
    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. (Bayou Lawn & Landscape Services v. Solis, 4/16/12)
    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 Requires Revised Vaughn Index of Documents Relating to H-1B Fraud Detection(551 KB - 3/30/2012)
    The court directed the government defendants to submit a revised Vaughn index, finding that USCIS’s response to AILA’s FOIA request for documents pertaining to H-1B fraud detection was inadequate. (American Immigration Lawyers Ass'n v. DHS, 3/30/12)
    AILA Doc. No. 12033059.
  • 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. (Brizuela v. Feliciano, 2/13/12)
    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)
    Class action complaint, filed in 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. (Society of the Divine Word v. Napolitano, 1/3/12)
    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.
 
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