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Cases & Decisions
Chamber of Commerce Sues DHS Over Federal Contractor E-Verify Rule
On December 23, 2008, the US Chamber of Commerce filed a complaint with the U.S. District Court of Maryland, southern District. The suit challenges DHS's recently promulgated rule that requires federal contractors to enroll in E-verify. AILA Doc. No. 08122341.
AILA Doc. No. 08122341.
Complaint in Immigrants' Rights Organizations FOIA Suit Over Stipulated Removal
The 11/12/08 complaint filed by the Stanford Law School Immigrants’ Rights Clinic, NILC, ACLU of Southern California and the National Lawyers Guild of San Francisco in a suit filed to compel DHS to disclose information about the stipulated removal program.
NLGSF et al. v U.S. DHS
. AILA Doc. No. 08111364.
AILA Doc. No. 08111364.
DHS Files Motion for Summary Judgment in No-Match Litigation
(1133 KB - 11/10/2008)
On 11/6/08 DHS filed a motion to vacate the preliminary injunction and for summary judgment in
AFL-CIO v. Chertoff
. AILA Doc. No. 08111063.
AILA Doc. No. 08111063.
Attorneys File Joint Stipulation of Settlement and Order in Fragomen Lawsuit Against DOL
On October 24, 2008, attorneys for Fragomen and the Department of Labor filed a joint Stipulation of Settlement and Order with the United States District Court for the District of Columbia. AILA Doc. No. 08110330.
AILA Doc. No. 08110330.
Indictment for Illegal Re-entry Dismissed as Defendant was Deprived of Opportunity for Judicial Review
(70 KB - 10/24/2008)
The U.S. District Court for the District of Arizona grants motion to dismiss the indictment. Finds that defendant was eligible for § 212(c) relief because he relied upon pre-AEDPA/IIRIRA law as it existed at the time of pleading. Concludes that failure to advise defendant of §212(c) eligibility was an improper deprivation of opportunity for judicial review. AILA Doc. No. 08102431.
AILA Doc. No. 08102431.
District Court Grants Class Certification, Stays Accrual of Unlawful Presence in Religious Worker Litigation
The U.S. District Court for the Western District of WA granted a motion for class certification in Ruiz-Diaz v. USA, which challenges USCIS' policy of requiring religious workers to have an approved I-360 before they can file an I-485. Also, court stayed accrual of unlawful presence/unauthorized employment time against class members until resolution of the litigation. AILA Doc. No. 08093061.
AILA Doc. No. 08093061.
June 2008 U.S. District Court for Northern CA General Order on Immigration Mandamus Cases
(66 KB - 9/25/2008)
A 6/17/08 Northern California District Court general order specific to civil actions seeking a writ of mandamus regarding immigration benefits. AILA Doc. No. 08092565.
AILA Doc. No. 08092565.
DOL Files Errata Statement in Fragomen Suit
(176 KB - 9/16/2008)
DOL filed an "Errata" statement in the
Fragomen v. Chao
lawsuit. AILA Doc. No. 08091670.
AILA Doc. No. 08091670.
Fragomen Reply Brief in Its Suit Against DOL
The Fragomen law firm has filed its reply to the government's reply brief in the
Fragomen v. Chao
lawsuit. AILA Doc. No. 08091135.
AILA Doc. No. 08091135.
Washington District Court Judge Approves Settlement in Amnesty Litigation
(587 KB - 9/10/2008)
A final judgment was issued on 9/8/08 granting approval to the settlement in
Northwest Immigrant Rights Project v. USCIS
, a class action suit begun more than twenty years ago, challenging USCIS’s (then INS) policy of denying legalization applications for failure to meet the “known to the government” requirement. (W.D. WA, 9/8/08). AILA Doc. No. 08091071.
AILA Doc. No. 08091071.
ACLU Sues DOS for its Refusal to Issue Passports to U.S. Citizens
Nine U.S. citizens are suing DOS, challenging its refusal to issue them passports. The class action suit was field on 9/9/08 by the ACLU, Hogan & Hartson and Refugio de Rio Grande, Inc. AILA Doc. No. 08091064.
AILA Doc. No. 08091064.
Government Reply Brief in Fragomen Lawsuit
(1245 KB - 9/3/2008)
The government's reply brief in the
Fragomen v. Chao
lawsuit declares that, with the issuance of its 8/29/08 restated Guidance Bulletin, "there are no restraints on the advice that attorneys may provide their clients concerning the labor certification process." AILA Doc. No. 08090361.
AILA Doc. No. 08090361.
Shipley Do-Nut President and Managers Charged with Conspiracy to Harbor
On 8/28/08 the U.S. Attorney’s Office for the Southern District of Texas announced that the President and several managers at Shipley Do-Nut Flour and Supply Company, Inc. were charged with conspiracy to harbor, the hiring of undocumented aliens, and continuing employment of undocumented aliens. AILA Doc. No. 08082962.
AILA Doc. No. 08082962.
FL District Court Denies Motion to Dismiss Mandamus Filed for Delayed Natz Application
(127 KB - 8/27/2008)
Florida District Court denies defendants’ motion to dismiss mandamus filed to compel USCIS to process plaintiff’s naturalization application, concluding that under the Administrative Procedures Act USCIS has a non-discretionary duty to act on applications before it by processing them within a reasonable time.
Miranda v. Gonzales
(S.D. FL, 8/25/08). AILA Doc. No. 08082765.
AILA Doc. No. 08082765.
NJ District Court Denies Motion to Enjoin DHS from Implementing OPT Period Extension
(47 KB - 8/14/2008)
Plaintiffs filed a motion for a preliminary injunction to enjoin DHS from implementing an interim final rule that extends the period of time that STEM professionals can participate in OPT (73 FR 18944, 4/8/08). The U.S. District Court for New Jersey denied the motion.
Programmers Guild et al. v. Chertoff
(NJ, 8/5/08). AILA Doc. No. 08081477.
AILA Doc. No. 08081477.
ACLU Announces Settlement Reached in Roshandel, et al. v. Chertoff, et al.
ACLU of Washington announced that a settlement agreement has been reached in
Roshandel, et al. v. Chertoff, et al.
, a class action suit filed in the U.S. District Court for the Western District of Washington to challenge unreasonable delays in granting citizenship. AILA Doc. No. 08081372.
AILA Doc. No. 08081372.
NY District Court Judge Grants Motion to Dismiss in Milanes
A District Court Judge for the Southern District of NY granted defendants’ motion to dismiss a class action suit against USCIS, the FBI and the Attorney General to require adjudication of class members’ applications for citizenship prior to the Presidential election in November 2008.
Milanes et al. v. Chertoff et al.
( S.D. NY 8/7/08). AILA Doc. No. 08081360.
AILA Doc. No. 08081360.
Fragomen Pleadings in Suit Against DOL
(3356 KB - 8/11/2008)
Pleadings in the complaint filed against DOL on 8/8/08 by the Fragomen law firm, whose labor certification filings had been subjected to special audits by DOL. AILA Doc. No. 08081135.
AILA Doc. No. 08081135.
Fragomen Firm Sues DOL
(2395 KB - 8/11/2008)
Complaint filed against the Dept. of Labor on 8/8/08 by the Fragomen law firm, whose labor certification filings had been subjected to special audits by DOL. AILA Doc. No. 08081130.
AILA Doc. No. 08081130.
District Court Denies FBI Motion to Dismiss Mandamus, Finding Unreasonable Delay
(78 KB - 7/28/2008)
District Court Judge in NY denies defendants’ motion to dismiss in part. Finds claim against DHS lacks subject matter jurisdiction, but concludes FBI unreasonably delayed the completion of the plaintiff’s background check.
Kakushadze v. Chertoff et. al.
, (S.D. NY 7/24/08) (order granting motion to dismiss in part.) Courtesy of Jan Brown. AILA Doc. No. 08072862.
AILA Doc. No. 08072862.
California District Court Awards More Than 25K in Attorney Fees
(70 KB - 7/15/2008)
The District Court for the Eastern District of California awarded more than $25K in attorney fees and more than $900 for costs, disagreeing with the defendants' argument that FBI name checks and the government’s litigating position justified the delay in the adjudication of the applications.
Shirmohamdali et. al. v. Heinauer et. al.
, (E.D. CA 7/3/08). AILA Doc. No. 08071569.
AILA Doc. No. 08071569.
NY District Court Finds State Licensure Statute Violates Equal Protection and Supremacy Clauses
(88 KB - 7/10/2008)
The Court finds a NYS professional licensure statute unconstitutional under both the equal protection clause and the supremacy clause in that it discriminates against those who are not citizens or permanent residents. Plaintiff is a veterinarian on a TN. Courtesy of Margaret Catillaz.
Kirk v. New York State Department of Education et al.
, (W.D. NY 6/23/08). AILA Doc. No. 08071060.
AILA Doc. No. 08071060.
US District Court Rules in Favor of Kentucky Landlord
On 06/27/08, William Jerry Hadden, a Kentucky landlord who faced 62 charges in US District Court of renting apartments without verifying the immigration status of the future tenants, was found not guilty on all charges. AILA Doc. No. 08070968.
AILA Doc. No. 08070968.
Complaints Filed Against Supervisors at Agriprocessors Following Postville Raid
These documents are copies of complaints filed against two supervisors at the Agriprocessors plant in Postville, Iowa following the raid on 5/12/08. AILA Doc. No. 08070867.
AILA Doc. No. 08070867.
ICE Agent Affidavit in Support of Complaint Against Defendant Arrested Prior to Action Rags Raid
(603 KB - 7/8/2008)
This document is an ICE Special Agent affidavit in support of a criminal complaint filed against an individual arrested prior to the Action Rags factory raid in Houston. AILA Doc. No. 08070865.
AILA Doc. No. 08070865.
Proposed Settlement Agreement in ACLU Lawsuit to End Overcrowding at Detention Facility
DHS and the ACLU reached a proposed settlement agreement in Kiniti v. Myers, which has been submitted to the U.S. District Court for the Southern District of California for final approval. The agreement is to ensure that the population at a San Diego detention facility will not again exceed capacity. (S.D. CA 6/4/08). AILA Doc. No. 08060534.
AILA Doc. No. 08060533.
Postville Raid Plea Agreement
(427 KB - 5/29/2008)
In a plea agreement (that was translated into Spanish only) a Postville defendant waived appeal for any reason other than ineffective assistance of counsel, and waived the right to see a pre-sentencing report, to file suppression and dismiss motions and more. AILA Doc. NO. 08052965.
AILA Doc. No. 08052965.
California District Court Finds Consulate Abused Discretion in Terminating Registration
(688 KB - 5/28/2008)
The District Court for the Southern District of California finds consulate’s decision to terminate immigrant visa petition is an abuse of discretion, having failed to follow proper procedures under 8 U.S.C. 1153(g). Court granted plaintiff's request for attorney fees and costs. Courtesy of Robert Mautino.
Amidi v. Chertoff
(S.D. CA 03/19/08). AILA Doc. No. 08052868.
AILA Doc. No. 08052868.
Texas Border Coalition Files Lawsuit Against DHS
(104 KB - 5/16/2008)
A copy of the complaint filed by the Texas Border Coalition against DHS over the construction of the border wall. AILA Doc. No. 08051670.
AILA Doc. No. 08051670.
District Court Upholds USCIS Interpretation of “Bachelor’s or Equivalent”
(578 KB - 3/26/2008)
The court granted summary judgment for USCIS, upholding the agency’s interpretation that the “equivalent” to a bachelor’s degree, as articulated on the ETA-750, necessitated a single four-year degree. (
Maramjaya v. USCIS
, 3/26/08) AILA Doc. No. 10102631.
AILA Doc. No. 10102631.
California District Court Denies Motion to Dismiss Surviving Spouse Complaint
The District Court for the Central District Court of California denied DHS’s motion to dismiss a class action brought by spouses of deceased U.S. Citizens challenging USCIS’ interpretation of “immediate relative” under INA § 201(b)(2)(A)(i).
Hootkins et al. v. Chertoff et al.
, (C.D. CA 3/3/08). AILA Doc. No. 08030665.
AILA Doc. No. 08030665.
Pennsylvania District Court Holds FBI Name Check Delays in Naturalization Adjudications Are Unreasonable
The U.S. District Court for the Eastern District of Pennsylvania finds for plaintiffs in a suit to end naturalization application adjudication delays due to FBI name checks. Also, it determines it is necessary to require USCIS to revise its regulations to address these delays.
Mocanu, et al. v. Mueller, et al.
(E.D. PA 2/8/08). AILA Doc. No. 08021461.
AILA Doc. No. 08021461.
Arizona District Court Dismisses Challenge to Employment Verification Law
(2503 KB - 2/8/2008)
Arizona District Court denied plaintiffs’ motion for a preliminary injunction pending appeal of a dismissed action, which was filed to challenge the
Legal Arizona Workers Act. Valle del Sol Inc., et al. v. Goddard et al.
(D. AZ 2/7/08). AILA Doc. No. 08020865.
AILA Doc. No. 08020865.
Pending Litigation in the District Court of the Eastern District of Pennsylvania Concerning Criminal Background Checks
Documents relating to the pending civil action in the District Court of the Eastern District of Pennsylvania regarding required criminal background checks as part of adjudication of certain immigration benefits. AILA Doc. No. 08070271.
AILA Doc. No. 08020771.
Missouri Court Denies Motion for Preliminary Injunction on Ordinance Regarding Employment Verification
(208 KB - 2/5/2008)
The U.S. District Court for the Eastern District of Missouri denied plaintiffs’ motion for a preliminary injunction to prevent implementation of a city ordinance regarding the employment of undocumented workers.
Gray et al. v. City of Valley Park
, Missouri (E.D. MO 1/31/08). AILA Doc. No. 08020571.
AILA Doc. No. 08020571.
Notice of Settlement Agreement in Lawsuit to End Naturalization and Adjustment Delays (Updated 8/13/08)
On 5/2/08 USCIS released a settlement agreement in Kaplan v Chertoff, 06-5304, (E.D. Pennsylvania). The agreement provides for expedited processing of stalled naturalization and adjustment of status applications for individuals at risk of loosing SSI benefits. Translations provided. AILA Doc. No. 08012868.
AILA Doc. No. 08012868.
Ohio Court Holds Widow Remains “Immediate Relative”
(142 KB - 1/7/2008)
The District Court for the Northern District of Ohio agreed with the Ninth Circuit’s interpretation of INA Sec. 201(b)(2)(A)(I) in
Freeman v. Gonzales
holding that I-130 beneficiary remains an “immediate relative” after death of petitioning spouse.
Lockhart v. Chertoff
(N.D. Oh. 1/7/08). AILA Doc. No. 08010730.
AILA Doc. No. 08010730.
TRO to Enjoin Implementation of the E-Verify Mandate Denied
(32 KB - 1/3/2008)
The Honorable Judge Wake of the District Court of Arizona denied the TRO to enjoin implementation of the E-Verify mandate effective January 1, 2008.
Arizona Contractors Association, Inc., et al. v Criss Candelaria, et. al.
(AZ. Dist. Ct. Dec. 21, 2007). AILA Doc. No. 08010363.
AILA Doc. No. 08010363.
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