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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 to Lawful Permanent Resident status regardless of spouse's death prior to removal of conditions.(Hanford v. Napolitano, 9/18/09)
    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, 9/29/09)
    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, 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, 09/24/09)
    AILA Doc. No. 09092565.
  • Maryland District Court Strikes Down Widow Penalty(70 KB - 9/25/2009)
    A U.S. District Court in Maryland 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 I-130s prior to their deaths. (Robledo v. Chertoff, 9/25/09)
    AILA Doc. No. 09092564.
  • Fourth Circuit Denial Decision on the Motion for Injunction on E-Verify FAR Ruling(347 KB - 9/10/2009)
    Plaintiffs 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. (Chamber of Commerce of the U.S.A. v. Napolitano, 8/26/09)
    AILA Doc. No. 09090262.
  • District Court Upholds Mandatory E-Verify Rule for Federal Contractors(330 KB - 8/26/2009)
    A District Court in Maryland granted Defendants’ cross motion for summary judgment in a case challenging the mandatory E-Verify rule for federal contractors. (Chamber of Commerce of the U.S.A. v. Napolitano, 08/25/09)
    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. (United States v. The Alcala Law Firm, PC, 7/22/09)
    AILA Doc. No. 09081467.
  • CSPA Case Certified as a National Class Action(658 KB - 7/20/2009)
    Court certifies class of LPR parents, beneficiaries of 3d and 4th family visa petitions, who seek to enforce “retention of priority date” provision for aged-out children named as derivative beneficiaries in the original petitions. AIC/AILA filed an amicus brief. (Costelo v. Chertoff, 7/16/09)
    AILA Doc. No. 09072071.
  • Grand Jury at SC District Court Indicts Managers for Knowingly Hiring Illegal Immigrants(151 KB - 7/20/2009)
    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.” Courtesy of Mary Pivec. (U.S v. Columbia Farms et al. 07/14/09).
    AILA Doc. No. 09072060.
  • GA District Court Finds "Unreasonable Delay" and Orders DOL to Adjudicate ETA-9089(31 KB - 7/16/2009)
    District Court issues a TRO 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. Courtesy of Mikiel Davids. (Kumykov v. Carlson, 6/04/09)
    AILA Doc. No. 09071661.
  • NY District Court Holds that Widow Remains Immediate Relative of U.S. Citizen(118 KB - 6/30/2009)
    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, 6/29/09)
    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 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. v. Solis, 6/29/09)
    AILA Doc. No. 09063062.
  • Washington District Court Orders USCIS to Accept Concurrently-Filed Religious Worker I-360s & I-485s(31 KB - 6/12/2009)
    Washington District Court ordered USCIS to begin accepting concurrently-filed I-360 special immigrant religious worker petitions and I-485 adjustment of status applications. Courtesy of Robert Gibbs. (Ruiz-Diaz v. United States of America, 6/11/09)
    AILA Doc. No. 09061234.
  • Court Issues Final Order in Surviving Spouse Litigation (Updated 5/4/09) (5/4/2009)
    In a class action challenge to the widow penalty, final order stating that plaintiffs in the CA6 and CA9 are entitled to "immediate relative" classification as surviving spouses of deceased U.S. citizens. A 11/07 Aytes memo invalidated. (Hootkins v. Chertoff, 4/28/09)
    AILA Doc. No. 09042170.
  • District Court Overturns Illinois E-Verify Statute(47 KB - 3/25/2009)
    District court rules that Illinois actprohibiting employers from participating in E-Verify until the 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. (U.S. v. Illinois, 3/12/09)
    AILA Doc. No. 09032530.
  • WA District Court Rules Religious Workers Can File I-360 & I-485 Concurrently(236 KB - 3/25/2009)
    District Court grants plaintiffs’ motion for summary judgment, finding that USCIS may not reject the plaintiffs’ applications for adjustment based on the regulation barring religious workers from concurrent filing. Courtesy of Robert Gibbs. (Ruiz-Diaz et al v. U.S., 3/23/09)
    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.
  • California District Ct. Finds Plaintiff Not Barred from Adjustment Despite Unauthorized Employment(53 KB - 3/9/2009)
    Motion for summary judgment granted for plaintiff whose period of unauthorized employment exceeded 180 days, finding he could adjust because he satisfied the “no fault/technical reasons” exception at INA § 245(c)(2). Courtesy of Ruben Sarkisian. (Alimoradi v. USCIS, 2/10/09)
    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, 2/27/09)
    AILA Doc. No. 09030467.
  • Court Finds Child Support Payments Do Not Offset Obligations Under Affidavit of Support(30 KB - 2/13/2009)
    Memo granting the plaintiff's motion to enforce defendant’s obligations pursuant to the Affidavit of Support. Defendant contended his obligation should be reduced by the plaintiff’s alimony, child support, and any wages she received. (Younis v. Farooqi, 2/10/09)
    AILA Doc. No. 09021364.
  • Visions Systems Group, Inc. Indictment for Conspiracy in Visa and Mail Fraud(789 KB - 2/13/2009)
    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, 1/22/09)
    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)
    The court finds exception to consular nonreviewability. In claims that constitutional rights of citizens have been affected, the court can examine whether a visa was denied on the basis of a facially legitimate and bona fide reason. American Sociological Ass'n v. Chertoff, 12/8/08)
    AILA Doc. No. 09020664.
  • Court Finds Pretrial Diversion Agreement Does Not Constitute Conviction for Aggravated Felony(4396 KB - 1/15/2009)
    Court grants de novo review of naturalization denial, concluding that a Pretrial Diversion Agreement does not constitute a conviction for an aggravated felony, as the petitioner's guilt was not established by trial, plea or admission. Courtesy of Alex I. Craciunescu. (X v. Bryson, 1/13/09)
    AILA Doc. No. 09011560.
  • United Farm Workers Files Suit Challenging Revised DOL H-2A Regulations(163 KB - 1/13/2009)
    United Farm Workers complaint challenging revised DOL H-2A regulations. (United Farm Workers v. Chao, 1/13/09)
    AILA Doc. No. 08011330.
 
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