Federal Court Litigation

Federal Judge Restores DACA Program Pending A 90-Day Stay

A federal judge in Washington D.C. has ruled that the decision to end the Deferred Action for Childhood Arrivals (DACA) program was unlawful and must be set aside. However, the judge stayed his order for 90 days, and gave the Department of Homeland Security the opportunity to better explain its reasoning for canceling the program, or accept new applicants. This is great news for those individuals who are eligible...

District Court Orders DHS to Provide Asylum Seekers Notice of One-Year Bar

In Mendez Rojas v. Johnson, District Judge Ricardo S. Martinez has ruled that the United States government’s failure to provide asylum seekers with notice of the one-year asylum application deadline and failure to create and implement procedural mechanisms that guarantee class members the opportunity to timely submit their asylum applications violates the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), governing regulations, and due process. As background,...