Case: Duru v. Mullin
1:26-cv-01132 | U.S. District Court for the Eastern District of Virginia
Filed Date: April 28, 2026
Closed Date: June 8, 2026
Clearinghouse coding complete
Case Summary
This case challenged the government's refusal to adjudicate a Form I-765 application that a Nigerian medical student needed to pursue her residency. Without approval of the application, the student would lose her position in the surgical residency program and would be required to leave the U.S.
The plaintiff, a Nigerian citizen and F-1 student visa holder in her final year at the University of Virginia School of Medicine, filed this complaint on April 28, 2026, in the U.S. District Court for the Eastern District of Virginia against officials of the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS). Edward Summers, PLLC, represented the plaintiff. The complaint alleged that the defendants refused to adjudicate her Form I-765 application needed for her residency, pursuant to two USCIS Policy Memoranda (PM) that placed holds on benefit requests for nationals of countries covered by two Presidential Travel Ban Proclamations, including Nigeria (PM 602-0192 and PM 602-0194).
The plaintiff asserted four counts under the Administrative Procedure Act (APA) and an ultra vires claim that the defendants lacked authority to impose the adjudication hold through a policy memorandum. The complaint alleged that the defendants unlawfully withheld and unreasonably delayed adjudication of her application, to which she had a clear right—having complied with all requirements for approval—and for which no other adequate legal remedy existed. The complaint further alleged that both memoranda lacked reasoned explanation, failed to account for reliance interests, identified no applicable legal authority for aliens already lawfully admitted to the United States, and were adopted without the notice-and-comment rulemaking required by the APA. The plaintiff sought a court order compelling adjudication of her I-765 and delivery of an Employment Authorization Document (EAD) within 15 days, as well as declaratory and injunctive relief setting aside the Policy Memoranda. She warned that failing to obtain authorization before June 11, 2026, would cost her the residency position and force her departure from the United States. This case was assigned to District Judge Anthony J. Trenga.
On May 8, 2026, the plaintiff filed an emergency motion for a preliminary injunction. On May 26, 2026, the defendants moved to dismiss the complaint for lack of jurisdiction and failure to state a claim, then waived that motion the same day. A hearing on the emergency motion, initially set for May 27, 2026, was rescheduled to June 3, 2026. On May 28, 2026, the court ordered the emergency motion continued to June 3, 2026, pending adjudication of the plaintiff's application, directing the defendants to confirm adjudication or show good cause for the delay. The hearing was cancelled on June 2, 2026.
On June 5, 2026, the parties jointly filed a stipulation of dismissal stating that USCIS had adjudicated the plaintiff’s I-765 application and that the action should be dismissed without prejudice. Accordingly, the court dismissed the case without prejudice on June 8, 2026.
Summary Authors
Madeline Dollard (8/10/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73254099/parties/duru-v-mullin/
Trenga, Anthony John (Virginia)
Summers, Edward (Virginia)
Cooper, Christian James (Virginia)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/73254099/duru-v-mullin/
Last updated Sept. 28, 2026, 3:17 a.m.
Docket for: Duru v. Mullin
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: April 28, 2026
Closing Date: June 8, 2026
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A Nigerian citizen and F-1 student visa holder in her final year at the University of Virginia School of Medicine
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
U.S. Citizenship and Immigration Services (USCIS
U.S. Department of Homeland Security (DHS)
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Other Dockets:
Eastern District of Virginia 1:26-cv-01132
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Sought:
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Immigration/Border:
Case Summary of Duru v. Mullin, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48183/ (last updated 8/10/2026).