Major Disaster Vermont Severe Storms, Flooding, Landslides, and Mudslides Impacted Areas Frequently Asked Questions September 30, 2024 Major Disaster Hurricane Helene Impacted Areas Frequently Asked...
Meza Diaz v. Garland "Petitioner Briseyda Meza Diaz (“Meza Diaz”) and her minor daughter, Gabriela Segundo Meza (“GSM”), fled Mexico after suffering a home invasion by hooded...
Q & A and slides from Sept. 12, 2024 Stakeholder Engagement
Hamed Aleaziz, New York Times, Oct. 4, 2024 (gift link) "The Biden administration said Friday it would allow the temporary legal permission for migrants from Cuba, Venezuela, Haiti, and Nicaragua...
Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”...
Zamana v. Renaud
"On February 23, 2021, Plaintiff brought this suit under the Administrative Procedure Act alleging that the agency’s decision to revoke Zamana’s petition was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C §§ 701-706.53. USCIS has now filed a motion to dismiss arguing that, because the Agency’s decision to revoke its approval of Zamana’s petition was discretionary under 8 U.S.C. § 1155, this Court has no jurisdiction to review it. ... [D]eterminations about NTC’s address, the location of Zamana’s job, the legitimacy of NTC’s job offer, and NTC’s ability to legally pay Zamana were not only nondiscretionary; they were also not determinations USCIS was authorized to make. ... USCIS had no discretion to make those determinations both because they are inherently nondiscretionary and because the statute commits them to an entirely separate department in the executive branch. ... Accordingly, this Court retains jurisdiction to resolve Plaintiff’s Administrative Procedure Act (“APA”) claim. Plaintiffs have also raised arguments in their briefing that go to the merits of their APA claim. Those arguments are embarrassing for USCIS but ultimately premature. The Court will not decide that the Agency acted arbitrarily and capriciously without fullbriefing on the matter."
[I haven't read all the pleadings, but based on this order, it looks really embarrassing for USCIS and the DOJ/DHS attorneys representing Renaud. Hats off to Stephen Antwine and Brian Halliday!]