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D.C. District Court Vacates Minimum Service Requirements for Expedited Path to Citizenship for Military Service Members

The U.S. District Court for the District of Columbia vacated the Minimum Service Requirements in DOD’s N-426 policy, which required noncitizens in the military to meet certain durational and type-of-service requirements before obtaining a Form N-426, Certification of Honorable Service.

District Court Grants Class-Wide Preliminary Injunction in Case Challenging ICE Arrests at I‑130 Interviews

The U.S. District Court for the District of Maryland issued a class-wide preliminary injunction prohibiting federal immigration officials from arresting, detaining, or removing noncitizens who have final orders of removal and who are married to U.S. citizens at I-130 marriage interviews. The court also ordered ICE to release from custody all noncitizen petitioners and proposed class members, including release from orders of supervision and immigration detention.

District Court Restores Nationwide Scope of Order Enjoining Implementation of Asylum Ban 2.0

U.S. District Judge Jon Tigar issued an order restoring the nationwide scope of his July 24, 2019, order enjoining the government from taking any action continuing to implement the July 16, 2019, DHS and DOJ joint interim final rule establishing a mandatory bar to asylum eligibility for persons who transit through a third country and enter or attempt to enter the United States via the southern border without having applied for protection in a third country, pending final judgment or further order of the court

CBP holding people in inhuman conditions

The U.S. District Court for the District of Arizona issued an order finding that CBP is violating the constitutional rights of immigration detainees by holding them in conditions of confinement that fail to meet their basic human needs, and directing CBP to take certain steps to improve conditions in those facilities, known as hieleras. The injunction stems from a class action lawsuit filed in June 2015 by a group of immigration detainees who alleged that they were subjected to inhumane and punitive conditions during their confinement in Tucson Sector CBP holding facilities.

Court Limits Attorney General’s Discretion to Use Mandatory Detention Provision

An equally divided en banc First Circuit affirmed the U.S. District Court for the District of Massachusetts, holding that the bar to bonded release found in the detention mandate in INA §236(c) applies only to those specified criminal undocumented immigrants whom the Attorney General took into custody when they were released from criminal custody. The court concluded that the two petitioners were not taken into immigration custody when they were released from criminal custody, because they had been released from criminal custody years before their immigration custody began. As a result, the court found that the detention mandate did not bar either petitioner from seeking release on bond pursuant to the Attorney General’s discretionary release authority.

Good ruling for kids in detention facilities

On Friday, August 21, 2015, U.S. District Judge Dolly Gee issued an order in Flores v. Johnson, ruling that children should generally be released from family detention within five days—preferably to a parent, including a parent with whom they were apprehended. The government must implement the court’s ruling by October 23, 2015.

District Court Grants DOL an Extension for the H-2B Program

On April 15, 2015, the federal district court for the Northern District of Florida issued an order effectively permitting DOL to continue issuing H-2B labor certifications under its 2008 H-2B regulations through May 15, 2015.

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