Filed Date: Sept. 18, 2007
Closed Date: 2008
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On September 18, 2007, petitioner filed a petition for writ of habeas corpus and a class action complaint for declaratory and injunctive relief in the U.S. District Court for the Southern District of Texas, seeking to force federal immigration official Respondents to process her I-765 application for employment authorization ("EAD") in accordance with 8 C.F.R. §274.13(d), and without regard to Requests For Evidence ("RFEs") issued in conjunction with any application other than the I-765 itself. Petitioner alleged that the government was misapplying several federal regulations, namely 8 C.F.R. § 274.13(d) and 8 C.F.R. § 103.2(b)(10)(ii).
Pursuant to 8 C.F.R. §103.2(b)(10)(i), the government could put a hold on any immigration application or petition (of any type) if it was "missing required evidence." If the application was held in suspension, the applicant was not entitled to receive "interim benefits." The government would then issue a RFE, giving the applicant the opportunity to supply the missing evidence.
Petitioner alleged that the government was applying this regulation to withhold interim EADs when an RFE had been issued in relation to an application other than the EAD, such as the underlying adjustment application. Petitioner sought to enjoin that practice.
An amended complaint, submitted on October 21, 2007, added two more petitioners in similar circumstances.
On December 10, 2007, defendants moved to dismiss the case as moot, indicating that petitioners had all responded to the RFEs with the evidence requested and had been issued EADs. After an unexplained ten-month gap on the docket, the Court (Judge Andrew S. Hanen) granted the motion on October 22, 2008.
Summary Authors
Christopher Schad (6/12/2012)
Black, John William (Texas)
Brodyaga, Lisa S. (Texas)
Benavides, Reno Carlo (Texas)
Bucholtz, Jeffrey S. (District of Columbia)
De Gabrielle, Donald J. Jr. (Texas)
Black, John William (Texas)
Hanen, Andrew S. (Texas)
Last updated March 22, 2024, 3 a.m.
State / Territory: Texas
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Sept. 18, 2007
Closing Date: 2008
Case Ongoing: No
Plaintiffs
Plaintiff Description:
National class consisting of all persons who are seeking the status of permanent residents, who have filed or will in the future file I-765s in conjunction with pending I-485s, and who have received or will receive RFEs additional evidence
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Unknown
Defendants
Department of Homeland Security, Federal
U.S. Citizenship & Immigration Services, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Declaratory Judgment Act, 28 U.S.C. § 2201
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Source of Relief:
Issues
Jails, Prisons, Detention Centers, and Other Institutions:
Immigration/Border: