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2007 - 2005

  • Massachusetts District Court Holds Widow Remains “Immediate Relative” (12/17/2007)
    The District Court of Massachusetts agreed with the Ninth Circuit’s interpretation of INA Sec. 201(b)(2)(A)(I) in Freeman v. Gonzales holding that I-130 beneficiary remains an “immediate relative” after death of petitioning spouse. Neang v. Chertoff (Mass. Dist. Ct. Dec. 12, 2007). AILA Doc. No. 07121762.
    AILA Doc. No. 07121762.
  • New Jersey District Court Holds Widow Remains “Immediate Relative”(77 KB - 12/17/2007)
    The District Court of New Jersey agreed with the Ninth Circuit’s interpretation of INA Sec. 201(b)(2)(A)(I) in Freeman v. Gonzales holding that I-130 beneficiary remains an “immediate relative” after death of petitioning spouse. Robinson v. Chertoff, No. 06-5702, 2007 U.S. Dist. LEXIS 34956 (D.N.J. May 14, 2007) (unpublished). AILA Doc. No. 07121760.
    AILA Doc. No. 07121760.
  • Court Stays Proceedings in No-Match Litigation; DHS to Conduct New Rulemaking (11/26/2007)
    The U.S. District Court for the Northern District of California granted DHS' motion to stay proceedings until 3/1/08, pending a new rulemaking effort that DHS maintains will address the court's concerns with its regulation on SSA no-match letters. AFL-CIO v. Chertoff, No. 07-4472 (N.D.Cal. 11/23/07). AILA Doc. No. 07112673.
    AILA Doc. No. 07112673.
  • District Court Grants Motion for Preliminary Injunction Preventing Implementation of "No-Match" Rule(1385 KB - 10/10/2007)
    The U.S. District Court for the Northern District of California granted plaintiffs’ motion for preliminary injunction preventing implementation of the DHS rule on SSA No-Match letters, in a suit brought by AFL-CIO, ACLU and NILC. AFL-CIO v. Chertoff, No. 07-4472 (N.D.Cal. 10/10/2007). AILA Doc. No. 07101034.
    AILA Doc. No. 07101034.
  • NWIRP and ACLU File Suit to Challenge Naturalization Delays (10/30/2007)
    On 10/29/07 NWIRP, ACLU-WA, Stoel Rives and Roper and Gray filed a class action suit against DHS and the FBI to challenge delays in the adjudication of naturalization applications for LPRs in western Washington. AILA Doc. No. 07103090.
    AILA Doc. No. 07103090.
  • District Court Extends TRO That Blocks Implementation of "No-Match" Rule (10/2/2007)
    The U.S. District Court for the Northern District of California issued a 10 day extension of the temporary restraining order preventing implementation of the DHS rule on SSA No-Match letters, in a suit brought by AFL-CIO, ACLU and NILC. AFL-CIO v. Chertoff, No. 07-4472 (N.D.Cal. 8/31/07). AILA Doc. No. 07100260.
    AILA Doc. No. 07100260.
  • TRO Issued Stopping Implementation of DHS Rule on SSA No-Match(55 KB - 9/4/2007)
    In a suit brought by AFL-CIO, ACLU and NILC, a U.S. District Court in California temporarily restrained DHS from implementing its regulation regarding Social Security no-match letters. AFL-CIO v. Chertoff, No. 07-4472 (N.D.Cal. 8/31/07). AILA Doc. No. 07090464
    AILA Doc. No. 07090464.
  • Lawsuit Challenging New No-Match Regulations (8/30/2007)
    A lawsuit was filed August 29 in the District Court of Northern California challenging the recently-finalized No-Match regulations. Plaintiffs ACLU, National Immigration Law Center, and a group of labor and trade councils ask for a temporary restraining order and preliminary injunction against implementation of the regulations. AILA Doc. No. 07083063.
    AILA Doc. No. 07083063.
  • District Court Keeps in Place Injunction Regarding Salvadoran Detainees (8/3/2007)
    A U.S. District Court judge denied a request by ICE to end a 19-year old injunction designed to protect Salvadorans immigrants seeking asylum, based in part on a determination that serious violations of the government's own standards relating to detention conditions continue to occur. (Orantes-Hernandez v. Gonzales, No. 82-1107KN (C.D.Cal.). AILA Doc. No. 07080362.
    AILA Doc. No. 07080362.
  • District Court Finds Ordinance Regulating Presence and Employment of Illegal Aliens Is Unconstitutional(767 KB - 7/26/2007)
    A U.S. District Court in Pennsylvania found a city ordinance regulating the presence and employment of illegal aliens unconstitutional, stating "We cannot say clearly enough that persons who enter this country without legal authorization are not stripped immediately of all of their rights because of this single act." AILA Doc. No. 07072666.
    AILA Doc. No. 07072666.
  • AILF's Complaint on the Visa Bulletin Litigation (7/20/2007)
    A number of members have asked to see the complaint that AILF's Legal Action Center prepared and was poised to file before the July visa bulletin issue was resolved. A redacted copy is on AILF's website. AILA Doc. No. 07072060.
    AILA Doc. No. 07072060.
  • Massachusetts District Court Finds Naturalization Applicant Did Not Abandon Residence while Studying in Canada(36 KB - 6/12/2007)
    The District Court rules in favor of the natz. applicant who went to Canada for education while her application was pending. Was out of U.S. for periods exceeding 6 months, but not more than a year. Court found applicant established she did not abandon her residence in the U.S. by looking to the facts rather than intent. Li v. Chertoff (MA. Dist. Ct., 6/12/07). AILA Doc. No. 07061290.
    AILA Doc. No. 07061290.
  • District Court Stops ICE Transfer of Detainees (3/9/2007)
    In connection with the recent raid on a Massachusetts manufacturer, a U.S. District Court judge has temporarily ordered ICE to cease transferring detainees without prior notice to the court, to place no restrictions on access to counsel, and to work with Social Services to resolve issues involving children of the detainees. (Sandoval v. ICE, 3/9/07). AILA Doc. No. 07030977.
    AILA Doc. No. 07030977.
  • Do You Have a Client Who Will Time Out on SSI Eligibility? (2/1/2007)
    Community Legal Services in Philadelphia and others are asking to hear about immigrants who have lost or will soon lose their Supplemental Security Income benefits because they are subject to the 7-year limitation. AILA Doc. No. 07020165.
    AILA Doc. No. 07020165.
  • U.S. District Court Holds No Standing to Sue for Use of NCIC Data to Arrest Immigration Violators (1/12/2007)
    A New York District Court held that Plaintiffs had no standing to sue over local and state law enforcement’s use of NCIC data to arrest individuals for immigration violations. AILA Doc. No. 07011263.
    AILA Doc. No. 07011263.
  • Santillan v. Gonzales: Permanent Injunction(52 KB - 1/3/2006)
    A California District Court entered a permanent injunction requiring the DHS to issue documentation of lawful status within a set time period after a class member appears at their local USCIS office and requests documentation. This is the court order. AILA Doc. No. 06010360
    AILA Doc. No. 06010360.
  • District Court Rejects USCIS Arguments on EB-3 Equivalency(25 KB - 11/15/2005)
    An Oregon U.S. District Court Magistrate Judge opines on the effect of a labor certification application's "B.A. or equivalent" language on elibility for employment-based third preference. AILF and AILA appeared as amicus on this case. (Grace Korean United Methodist Church v. Chertoff, 11/3/05). AILA Doc. No. 05111563.
    AILA Doc. No. 05111563.
  • Santillan Counsel Seeks to Identify Class Members (8/31/2005)
    Counsel seeks to identify further class members in the District Court decision in a national class action in which the California court granted summary judgment, ruling against DHS' failure to provide timely evidence of permanent residence status following grant of status in removal proceedings.
    AILA Doc. No. 05083164.
  • District Court Rules That USCIS Must Provide Proof of Status to Persons Granted LPR in Proceedings (8/31/2005)
    Press release from counsel Cooley Godward, Texas Lawyers Committee for Civil Rights and MALDEF, in a national class action in which a federal district court in California granted summary judgment, ruling against DHS' failure to provide timely evidence of permanent residence status following grant of status in removal proceedings.
    AILA Doc. No. 05083163.
  • Half-Million Dollar Verdict Against Immigration Consultant Scam (8/3/2005)
    A Texas judge imposes substantial fines against immigration consultant. Links to the petition for relief and injunction are included in the press release.
    AILA Doc. No. 05080362.
  • District Court Decision That USCIS Must Provide Proof of Status to Persons Granted LPR in Proceedings(218 KB - 8/31/2005)
    District Court decision in a national class action in which the California court granted summary judgment, ruling against DHS' failure to provide timely evidence of permanent residence status following grant of status in removal proceedings. (Santillan v. Gonzalez, No. C 04-2686 MHP, 8/24/05). AILA Doc. No. 05083162.
    AILA Doc. No. 05083162.
  • District Court Judge Dismisses FAIR Suit Seeking to End Educational Opportunities for Immigrant Children(96 KB - 7/7/2005)
    A district court judge in Kansas dismissed for lack of standing a suit brought by the Federation for American Immigration Reform that sought to strike down a state law allowing in-state tuition for immigrant children. Day v. Sebelius (D.C. Kansas, 7/5/05). AILA Doc. No. 05070760.
    AILA Doc. No. 05070760.
  • Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (6/17/2005)
    A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
    AILA Doc. No. 05061762.
  • Mandamus Granted in Four-Year Wait for Adjustment (6/16/2005)
    A U.S. District Court in Florida grants a writ of mandamus in an employment-based adjustement of status case, finding that 4 years is "an unreasonable length of time" for an adjustment of status application to be pending.
    AILA Doc. No. 05061640.
  • REAL ID Act Has No Effect on Asylee Adjustment Settlement (5/23/2005)
    This document discusses why the REAL ID Act does not have any effect on the Asylee Adjustment settlement.
    AILA Doc. No. 05052362.
  • Settlement of Asylee Adjustment Lawsuit (5/11/2005)
    The American Immigration Law Foundation announces the settlement of the asylee adjustment class action, Ngwanyia v. Gonzales. Please see attached documents for details.
    AILA Doc. No. 05051166.
  • LULAC/Newman Application Period Extended(66 KB - 5/10/2005)
    CHRCL announces that it has reached agreement with DHS and DOJ to extend the class members' legalization application period. Information on the process is provided. AILA Doc. No. 05051065.
    AILA Doc. No. 05051065.
  • Update on Ngwanyia v. Ashcroft (Asylee Adjustment Lawsuit)(141 KB - 2/7/2005)
    This document summarizes the Asylee Adjustment Class Action Settlement that was recently signed. AILA Doc. No. 05020710.
    AILA Doc. No. 05020710.
  • District Court Certifies Class on Naturalization Denials Based on Lack of Good Moral Character(154 KB - 1/21/2005)
    Seattle district court judge certifies regional class for persons denied naturalization based on lack of good moral character. Courtesy of AILA member Robert Gibbs. (Lee v. Ashcroft, 1/12/05). AILA Doc. No. 05012165.
    AILA Doc. No. 05012165.