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District Court Finds DHS Did Not Exceed Its Authority in Issuing 2016 STEM OPT Rule

The U.S. District Court for the District of Columbia concluded that DHS did not exceed its statutory authority under the INA in issuing the 2016 Optional Practical Training (OPT) rule, and thus found that both the 12-month OPT and the STEM OPT extension programs are lawful. Accordingly, the court denied the Washington Alliance of Technology Workers’ (WashTech) motion for summary judgment, granted the government’s and the intervenors’ motions for summary judgement, and denied WashTech motion to strike. 

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District Court Halts Most of EOIR Filing Fee Rule from Going into Effect

A district court judge issued a nationwide stay of the effective date of the December 18, 2020, EOIR final fee rule and a preliminary injunction to enjoin most of its implementation. The rule was set to go into effect today, January 19, 2021. Accordingly, fees will stay the same for BIA appeals from IJ decision (EOIR-26), BIA appeals from decision of DHS officer (EOIR-29), BIA motions to reopen, applications for LPR cancellation (EOIR-42A), applications for non-LPR cancellation (EOIR-42B), and applications for suspension of deportation (EOIR-40). The court did not enjoin the fee for immigration court motions to reopen, attorney disciplinary appeals, or the $50 asylum fee, the latter of which is currently enjoined nationwide by two other courts.

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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 Judge Grants Summary Judgment to the Plaintiffs and Denies Government’s Motion to Dismiss in H‑1B Denial Case

The U.S. District Court for the District of Columbia ordered USCIS to change the plaintiff’s status to H‑1B nonimmigrant after rejecting USCIS decision that Relx, Inc. d/b/a/ LexisNexis had not shown that the data analyst position was a specialty occupation.

U.S. District Court for Northern District of California Enjoins Trump Administration from Implementing New Asylum Restrictions

U.S. District Judge Jon Tigar issued an order enjoining the government from taking any action continuing to implement the July 16, 2019, DHS and DOJ joint interim final rule, entitled Asylum Eligibility and Procedural Modifications, and requiring the government to return to its pre-rule practices for processing asylum applications, pending final judgment or further order of the court.