On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the...
On Nov. 17, 2023 the AAO reversed an EB-2 National Interest Waiver denial by the Texas Service Center, saying: "The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical...
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TX v. US, Aug. 19, 2021
"[T]he Court GRANTS the States’ Motion for Preliminary Injunction. (Dkt. No. 18). Therefore, it is hereby ORDERED that:1. Defendants and all their respective officers, agents, servants, employees,attorneys, and other persons who are in active concert or participation withthem are hereby ENJOINED and RESTRAINED from enforcing andimplementing the policies described in:a. Section B of the January 20 Memorandum entitled “Interim CivilEnforcement Guidelines.” (Dkt. No. 1-1 at 3–4);b. The section entitled “Civil Immigration Enforcement and RemovalPriorities” in the February 18 Memorandum. (Dkt. No. 1-2 at 4–6);and c. The section entitled “Enforcement and Removal Actions: Approval,Coordination, and Data Collection” in the February 18Memorandum.62 (Dkt. No. 1-2 at 6–8).2. This Preliminary Injunction is granted on a nationwide basis and prohibitsenforcement and implementation in every place the Government hasjurisdiction to enforce and implement the January 20 and February 18Memoranda.3. This Preliminary Injunction shall remain in effect pending a final resolutionof the merits of this case or until a further Order from this Court, the UnitedStates Court of Appeals for the Fifth Circuit, or the United States SupremeCourt.To ensure compliance with this Preliminary Injunction, the Court furtherORDERS the following:1. By September 3, 2021, the Government must file with the Court the legalstandard it is abiding by with respect to the detention of aliens covered byor subject to 8 U.S.C. § 1226(c)(1)(A)–(D) given the Court’s injunction of theMemoranda at issue in this lawsuit. The information should state withspecificity what guidance, protocols, or standards control the detention ofthese aliens in light of the fact that the Memoranda have been enjoined.
2. By September 3, 2021, the Government must file with the Court the legalstandard it is abiding by with respect to the detention of aliens covered byor subject to 8 U.S.C. § 1231(a)(2) given the Court’s injunction of theMemoranda at issue in this lawsuit. The information should state withspecificity what guidance, protocols, or standards control the detention ofaliens in light of the fact that the Memoranda have been enjoined.3. Starting in September 2021, the Government must file with the Court on the5th day of each month a report stating the number of aliens known to theGovernment, who are covered by or subject to 8 U.S.C. § 1226(c)(1)(A)–(D),who were released from custody during the previous month, and whomICE did not detain immediately upon their release.
or address and the offense for which the alien had been incarcerated.Additionally, for each alien not detained, the Government shall make andretain a contemporaneous record of the reason why the alien was notdetained and the individual who made that specific determination.4. Starting in September 2021, the Government must file with the Court on the5th day of each month a report stating the number of aliens in their removalperiod as defined in 8 U.S.C. § 1231(a)(1). Of those, provide the numberwho were not detained pursuant to 8 U.S.C. § 1231(a)(2).For each of these aliens not detained, provide under seal the alien’s lastknown residence or address.Additionally, for each alien not detained, the Government shall make acontemporaneous record of the reason why the alien was not detained andthe individual who made that specific determination."