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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...

Special Immigrant Religious Worker Regs Ultra Vires: Passionists & Ocampo v. Johnson

"The precise question presented in this case is whether the statute that Congress enacted, which defines the class of immigrants who are eligible for a special immigrant religious worker visa, excludes individuals seeking to qualify based on work performed when they were not authorized to work in...