Immigration Law

Court Slaps USCIS in MAVNI Natz Lawsuit: Nio v. DHS

Nio v. DHS, May 22, 2019

"The question before the Court is whether the U.S. Department of Homeland Security (“DHS”) and its sub-agency U.S. Citizenship and Immigration Services (“USCIS”) acted lawfully when they instituted a policy on July 7, 2017, declining to naturalize MAVNI applicants until the applicant has been determined suitable for service by the U.S. Department of Defense (“DOD”) and the U.S. Army. Because USCIS’s purported reasons for waiting for these military suitability adjudications do not comport with the evidence before the Court, it concludes that the challenged portion of USCIS’s policy is arbitrary and capricious in violation of the Administrative Procedure Act, 5 U.S.C. § 706(2) (“APA”). The Court will therefore vacate that portion of the policy and grant partial summary judgment to plaintiffs."