LexisNexis® Legal Newsroom
Third Circuit on jurisdiction, REAL ID, APA: Chehazeh v. Atty. Gen.

"Daoud Chehazeh appeals the May 24, 2010 order of the United States District Court for the District of New Jersey dismissing, for lack of jurisdiction, his “Petition for Writ of Habeas Corpus and Stay of Removal Proceedings.”1 Chehazeh had asked the District Court to declare that the...

APA E-2 Treaty Investor Remand Victory: All Bright Sanitation v. USCIS

"In this case, All Bright seeks a determination under the Administrative Procedure Act ("APA"), 5 U.S.C. §706 et seq., that the Government improperly denied its petition for a foreign national to receive United States Non-Immigrant Investor Status pursuant to the Immigration and Nationality...

CA4 on H-2A Regulatory Whiplash: North Carolina Growers' Association, Inc. v. Solis

"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 constituted "rule making"...

Cass Sunstein on the APA and Judge Hanen's Injunction

"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,” Judge Andrew Hanen...

Did the Supreme Court Already Decide Texas v. USA?

Judge Hanen's Feb. 16th injunction turns on the Administrative Procedure Act (APA.) Yesterday's unanimous Supreme Court decision in Perez v. Mtg. Bankers Assoc . could help Judge Hanen and the 5th Circuit answer the question: Did the November 2014 Executive Action memos require APA notice and...

Setback for #VisaGate2015 Lawsuit: Mehta v. DOS (May 16, 2016)

Mehta v. DOS, May 16, 2016 - "This matter comes before the Court on Defendants United States Department of State, et al. (collectively, “State Department”)’s Motion to Dismiss pursuant to FRCP 12(b)(1) and 12(b)(6), Dkt. #27. The State Department argues inter alia, that the Court...

CA6 on APA Finality: Hosseini v. Johnson

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 (“USCIS’s”...

Advance Copy of DHS Interim Final Rule: Petitions for Rulemaking

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 Department to issue, amend, or repeal a...