LexisNexis® Legal Newsroom
Judge: Arizona Residents Have Standing to Challenge SB 1070

"A federal judge has set the stage for a new challenge to Arizona’s immigration law if the U.S. Supreme Court rejects the one it has before it now. In a 20-page ruling , U.S. District Court Judge Susan Bolton said that various Arizona residents have legal standing to challenge the...

CA6 on Standing: Patel v. USCIS

"Disembodied notions of statutory purpose cannot override what the statute actually says. What § 1153(b)(3) says is that the alien, ultimately, is the one who is entitled to the employment visa. The alien’s interest in receiving it is therefore within the zone of interests protected or...

CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS

"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’ (USCIS) revocation of I-140 visa petitions filed...

Court: Arpaio Lacks Standing to Sue Obama Over Immigration

"The role of the Judiciary is to resolve cases and controversies properly brought by parties with a concrete and particularized injury — not to engage in policymaking better left to the political branches. The plaintiff’s case raises important questions regarding the impact of illegal...

Immigration Lawsuit Thrown Out: Arpaio v. Obama

"President Barack Obama’s executive actions on immigration survived their first major court test Tuesday, when a federal judge tossed out a lawsuit claiming the president exceeded his constitutional power. U.S. District Judge Beryl Howell dismissed a challenge brought by Arizona Sheriff Joe...

Feds: Texas, States Lack Standing in Immigration Lawsuit

"The Republican-led states suing President Barack Obama over his executive order not to deport certain illegal immigrants lack standing because they "themselves are not subject" to the order, the Justice Department said Wednesday . Twenty red states, four Republican governors and Michigan's...

Stand and Deliver

"In a political stunt of a lawsuit , Texas and other states claim the White House's immigration initiatives announced on Nov. 20, 2014 are illegal. The problem is that the suit has no legs, because the plaintiffs lack "standing" to sue. In a definitive 55-page memo filed on Dec...

A QUICK KNOCKOUT: SHERIFF JOE ARPAIO'S LAWSUIT AGAINST PRESIDENT OBAMA'S EXECUTIVE ACTION DISMISSED FOR LACK OF STANDING

"On November 20, 2013, the very same day that President Obama announced a series of executive actions aimed at “Fixing Our Broken Immigration System” , a lawsuit against the newly announced executive actions and against the existing Deferred Action for Childhood Arrivals program (DACA...

AAO Solicits Amicus Briefs on Standing, AC21, I-140 Beneficiaries

"[T]he AAO seeks amicus briefing on whether the beneficiaries of certain immigrant visa petitions have standing to participate in the administrative adjudication process, including standing to appeal to the AAO (and if so, when, and under what circumstances). Specifically, the AAO seeks briefing...

Fifth Circuit Shoots Down ICE Agents' DACA Lawsuit: Crane v. Johnson

"The Agents allege that exercising deferred action violates federal law, because the law requires them to detain all illegal aliens for the purpose of placing the aliens in removal proceedings. The State of Mississippi alleges that the deferred action has caused additional aliens to remain in the...

EQUATING IMMIGRANTS TO GREENHOUSE GASES: IS THIS A VALID BASIS FOR STANDING TO SUE THE FEDERAL GOVERNMENT?

Cyrus D. Mehta writes : "It has lately become fashionable for states that oppose President Obama’s immigration executive actions to sue in federal court on grounds that they are unconstitutional. But in order to get heard in court, a state must demonstrate standing. In the Texas v. United...