Jajati v. CBP "We have jurisdiction under 28 U.S.C. § 1291. We hold that § 701(a)(2) does not bar judicial review of Jajati’s APA claims. Although CBP has broad discretion to revoke SENTRI memberships, the APA itself recognizes that discretion...
Bristow v. Mayorkas "Plaintiff Mark Bristow, a United States citizen, has filed a Form I-130 petition for an immigrant visa on behalf of his husband, Plaintiff Felixberto Tinga Villamil II. Form I-130 is intended to help relatives and spouses of American...
Emami v. Mayorkas "Drawing all inferences and viewing all evidence in the light most favorable to the government, the Court finds that plaintiffs have met their burden of showing that there is no genuine dispute as to any material fact, and that the waiver...
CSL Plasma v. CBP "In June 2021, U.S. Customs and Border Protection (“CBP”) announced that aliens seeking to sell blood plasma could no longer enter the United States using “B‑1” business visitor visas. Before this policy went into effect, a significant...
NILA, AIC PRACTICE ADVISORY, September 22, 2021 "The Administrative Procedure Act (APA) is a federal statute that regulates federal agency action in a number of ways. Relevant here, the judicial review provisions of the APA, 5 U.S.C. § 701, et seq., provide...
Farrell v. Blinken "While United States citizenship is one of the most sought after in the world, American citizens sometimes choose to relinquish this privilege and place their allegiance elsewhere. Congress has specified the actions that will result in...
Canal A Media v. USCIS "Plaintiffs Canal A Media Holding, LLC (“Canal A Media”) and Erick Archila appeal the District Court’s dismissal of their amended complaint for lack of subject-matter jurisdiction. They seek to challenge the decision by the United...
DHS v. Regents "CHIEF JUSTICE ROBERTS delivered the opinion of the Court, except as to Part IV. In the summer of 2012, the Department of Homeland Security (DHS) announced an immigration program known as Deferred Action for Childhood Arrivals, or DACA. That...
Perez Perez v. Wolf "Pedro Tomas Perez Perez brought suit in the district court under the Administrative Procedure Act (“APA”), challenging the denial of his U visa petition by the United States Citizenship and Immigration Service (“USCIS”). The district...
Cyrus Mehta, June 29, 2019 "The Supreme Court announced on June 28, 2019 that it would consider the legality of President Trump’s ending of the Deferred Action for Childhood Arrivals Program. Although federal courts in New York , California and Washington...
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...
This document is scheduled to be published in the Federal Register on 07/21/2016 - "Pursuant to the Administrative Procedure Act, the Department of Homeland Security (DHS or Department) is adopting a process under which interested persons may petition the...
Hosseini v. Johnson, June 17, 2016 - "Appellant Mehrdad Hosseini (“Hosseini”) appeals the district court’s dismissal of his complaint for failure to state a claim. Hosseini sought review of the United States Citizenship and Immigration Service’s...
"The decision by a federal judge in Texas Monday to strike down President Barack Obama’s immigration reform initiative runs to a whopping 123 pages. But the crucial ruling is narrow: In adopting a plan to allow unlawful immigrants to apply for “deferred action...
"This appeal involves a regulatory action by the Department of Labor (the Department), which suspended various regulations for temporary agricultural workers and reinstated other prior regulations. We primarily consider: (1) whether the Department’s action...