8 CFR 204.5(m)(4) and (11) Ultra Vires: Shalom Pentecostal Church v. Beers

"Because the Regulation is ultra vires, Plaintiffs’ motion for summary judgment is GRANTED to the extent it seeks to strike 8 C.F.R. §§ 204.5(m)(4) and (11). ... Here, Defendants’ sole basis for denial of the petition was the Regulation, which this Court has struck, and they...