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2011

  • District Court Certifies Class of Detainees with Mental Disabilities(567 KB - 12/28/2011)
    The court certified a class action asserting the right to counsel for immigrant detainees with mental disabilities in California, Arizona, and Washington in a lawsuit filed last year by NWIRP, the ACLU, Sullivan & Cromwell, and others. (Franco v. Napolitano, 11/21/11). AILA Doc. No. 11122841.
    AILA Doc. No. 11122841.
  • District Court Blocks Key Provisions of South Carolina Act 69(2134 KB - 12/23/2011)
    A 12/22/11 order granting Plaintiffs’ motion for preliminary injunction and enjoining the enforcement of important parts of South Carolina’s immigration law, SB20/Act 69, until further order. AILA Doc. No. 11122320.
    AILA Doc. No. 11122320.
  • AIC Class Action Lawsuit Challenges Asylum Clock Policies(685 KB - 12/21/2011)
    The class action complaint, filed in the Western District of Washington, documents widespread problems with the asylum EAD clock and alleges Defendants’ unlawful actions prevent Plaintiffs from obtaining employment authorization. (A.B.T. v. USCIS , 12/15/11) AILA Doc. No. 11122111.
    AILA Doc. No. 11122111.
  • District Court Denies Summary Judgment in Favor of USCIS, Sets Trial in Naturalization Case(74 KB - 10/14/2011)
    The court denied summary judgment finding that genuine issues of material fact exist as to whether Petitioner gave false testimony in order to obtain naturalization and whether such statements were made with the intent to deceive. (Hajro v. Barrett, 5/27/11) AILA Doc. No. 11101434.
    AILA Doc. No. 11101434.
  • District Court Says USCIS Must Act on FOIA Requests in 20 Days, Absent Unusual Circumstances(304 KB - 10/14/2011)
    The court granted partial summary judgment, ordering USCIS to respond to A file requests in 20 days absent unusual circumstances, and that Track 3 violates a 1992 settlement agreement and was promulgated in violation of the APA and FOIA. (Hajro v. USCIS, 10/13/11) AILA Doc. No. 11101431.
    AILA Doc. No. 11101431.
  • Court Orders Temporary Hold on Enforcement of Alabama HB 56(78 KB - 8/29/2011)
    The 8/29/11 order granting a temporary injunction to stop Alabama’s recently enacted immigration enforcement law, HB 56, from taking effect on 9/1/11. The injunction will remain in effect until 9/29/11, or until the court makes a ruling on motions to challenge the law. AILA Doc. No. 11082931.
    AILA Doc. No. 11082931.
  • District Court Upholds ARB Penalties in Physician H-1B Benching Case(116 KB - 8/25/2011)
    The court upheld the judgment against a medical clinic owner for allegedly violating the INA by cutting the wages of H-1B physicians. Petitioner reduced the wages in part by requiring the doctors to pay J-1 waiver and H-1B fees and costs. (Kutty v. DOL, 8/19/11) AILA Doc. No. 11082560.
    AILA Doc. No. 11082560.
  • Texas Court Says Department of Public Safety’s Denial of Licenses Illegal(2569 KB - 8/1/2011)
    The court granted declaratory judgment and enjoined the Texas Department of Public Safety (DPS) from enforcing rules which denied driver’s licenses to immigrants living and working in Texas with valid work authorization. (Salazar, et al v. TX DPS, et al, 7/27/11) AILA Doc. No. 11080165.
    AILA Doc. No. 11080165.
  • District Court Dismisses Suit Challenging Invalidation of DV Lottery Results(341 KB - 7/25/2011)
    Refusing to honor a “botched process” that did not satisfy statutory and regulatory requirements, the court found that it was not arbitrary or capricious for DOS to rescind the DV lottery that did not result from a random selection. (Smirnov v. Clinton, 7/14/11) AILA Doc. No. 11072560.
    AILA Doc. No. 11072560.
  • District Court Orders USVerify to Return Client I-9 Data to LexisNexis(319 KB - 7/22/2011)
    Order for injunctive relief issued by the U.S. District Court for the Northern District of Georgia, ordering USVerify to return and transmit to LexisNexis in a usable and accessible format, all I-9 data provided by LexisNexis or its customers. AILA Doc. No. 11072260.
    AILA Doc. No. 11072260.
  • Class Action Lawsuit Challenges Alabama HB 56(317 KB - 7/11/2011)
    Class action complaint filed in the U.S. District Court for the Northern District of Alabama, challenging the constitutionality of Alabama’s recently enacted immigration enforcement law, HB 56. Plaintiffs seek injunctive and declaratory relief. AILA Doc. No. 11071169.
    AILA Doc. No. 11071169.
  • Class Action Lawsuit Challenges DV Lottery Snafu(5995 KB - 6/28/2011)
    Class action complaint challenging the invalidation of the 2012 Diversity Visa Lottery results by the Department of State. Citing a computer error, DOS voided the initial lottery results and plans to conduct a new selection process in July 2011. Courtesy of Kenneth White. AILA Doc. No. 11062870.
    AILA Doc. No. 11062870.
  • District Court Blocks Key Portions of Georgia HB 87(863 KB - 6/27/2011)
    A 6/27/11 order granting Plaintiff's preliminary injunction and blocking important parts of Georgia’s “Show Me Your Papers” law, HB 87, in a class action case filed by a coalition of civil rights groups and individual attorneys, including AILA Past President Charles Kuck. AILA Doc. No. 11062730.
    AILA Doc. No. 11062730.
  • District Court Vacates 1/1/12 Effective Date of DOL’s H-2B Wage Methodology(283 KB - 6/15/2011)
    The court found that DOL violated the APA by delaying the effective date of the H-2B regulations without notice and comment and that it acted in contravention of the INA by pointing to potential hardships to employers to justify the delay. (CATA v. Solis, 6/15/11) AILA Doc. No. 11061580.
    AILA Doc. No. 11061580.
  • District Court Applies Kazarian in Upholding EB-1 Denial for Film/Television Producer(72 KB - 6/13/2011)
    The district court found that although USCIS erred by heightening the requirements for at least four of the evidentiary criteria, its decision that Plaintiff did not demonstrate sustained acclaim was not arbitrary or capricious. (Rijal v. USCIS, 2/22/11) AILA Doc. No. 11061335.
    AILA Doc. No. 11061335.
  • Grand Jury Indicts Couple on Charges Involving Domestic Servitude(1658 KB - 6/10/2011)
    Federal grand jury indictment charging a MD couple with forced labor conspiracy and harboring a domestic worker for financial gain. The indictment alleges the defendants procured a fraudulent B-1 visa to bring the victim to the U.S. to work as their domestic servant. AILA Doc. No. 11061071.
    AILA Doc. No. 11061071.
  • Class Action Lawsuit Challenges Georgia HB 87(245 KB - 6/2/2011)
    Class action complaint filed by a coalition of civil rights groups and individual attorneys, including the National Immigration Law Center and the American Civil Liberties Union, and AILA Past President, Charles Kuck, challenging Georgia’s “Show Me Your Papers” law, HB 87. AILA Doc. No. 11060230.
    AILA Doc. No. 11060230.
  • Five Indicted in Texas in Alleged H-2B Fraud Scheme (5/16/2011)
    A grand jury indicted five defendants on charges of conspiracy to commit visa fraud and to encourage aliens to illegally enter and reside in the U.S. The indictment alleges that the defendants have conspired since August 2004 to knowingly obtain H-2Bs under false pretenses. AILA Doc. No. 11051630.
    AILA Doc. No. 11051630.
  • District Court Says Employee Has Right to Remain in U.S. While Extension Application Is Pending(177 KB - 4/13/2011)
    The court held that ICE may not arrest an H-1B employee for whom a timely-filed extension application is pending and that “work authorization is part and parcel of their authorization to be in the country, not a separate matter.” (El Badrawi v. U.S., 4/11/11) AILA Doc. No. 11041331.
    AILA Doc. No. 11041331.
  • District Court Finds Padilla Cannot Be Applied Retroactively(83 KB - 4/7/2011)
    The court held that generic warnings about the possibility of deportation are not sufficient to cure prejudice in a mandatory deportation case, but that Padilla cannot be applied retroactively in post-conviction proceedings. (Hernandez v. Florida, 4/6/11) AILA Doc. No. 11040731.
    AILA Doc. No. 11040731.
  • District Court Throws Out K-1 Class Action Lawsuit(82 KB - 4/4/2011)
    In a case involving consular returns of K-1 petitions, the court adopted the magistrate’s finding that the doctrine of consular nonreviewability allows DOS to charge USC petitioners with fraud without providing the opportunity to respond. (Tran v. Napolitano, 3/29/11) AILA Doc. No. 11040471.
    AILA Doc. No. 11040471.
  • District Court Allows AC21 §106(c) Portability Case to Proceed(91 KB - 4/4/2011)
    The court denied the government’s motion to dismiss in part, in a case challenging the denial of adjustment of status where the I-140 was withdrawn by the previous employer after the I-485 had been pending for more than 180 days. (Ravulapalli v. Napolitano, 3/29/11) AILA Doc. No. 11040468.
    AILA Doc. No. 11040468.
  • SDNY Orders Government to Provide Searchable FOIA Documents(424 KB - 2/9/2011)
    The court held that the government violated the FRCP by failing to produce FOIA records in a reasonably usable form, and that electronic FOIA documents must be provided in an electronically searchable and organized manner. (NDLON v. ICE, 2/7/11) AILA Doc. No. 11020963.
    AILA Doc. No. 11020963.
  • DOJ Seeks Judicial Forfeiture of Real Estate in SEVIS Investigation(1032 KB - 1/25/2011)
    Justice Department Complaint for Forfeiture against real estate owned by an officer of Tri-Valley University in connection with ICE investigation of alleged SEVIS violations. Courtesy of Adam Rosen. AILA Doc. No. 11012560.
    AILA Doc. No. 11012560.