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

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 have offered no alternative ground for denial of the petition. Therefore, any remand would be futile. ... Accordingly, the Court ORDERS that Defendants grant the petition." - Shalom Pentecostal Church v. Beers, Sept. 16, 2013.  [Hats off to Bill Stock, who rocks!]