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Keywords

plaintiffdefendanthearingmotionregulationasylumliensmotion to dismiss
plaintiffdefendanthearingmotionregulationasylumliensmotion to dismiss

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Gjondrekaj v. Napolitano

Facts

Plaintiffs, who are Albanian citizens, bring this action to compel various federal government officials (collectively 'Defendants' or the 'United States') to 'properly adjudicate' Plaintiffs' applications for employment authorization documents ('EAD'). Plaintiffs claim the United States wrongly denied their EAD applications, which they filed based on an application for asylum pending before the Executive Office for Immigration Review. The parties' dispute turns on the application of the applicable federal regulations. Mr. Gjondrekaj filed a complete asylum application with USCIS on July 7, 2008, and the Immigration Court stopped Plaintiffs' asylum clock at the November 19, 2008 hearing, resulting in a freeze at 135 days. USCIS subsequently denied all of Plaintiffs' EAD applications because their asylum clock was stopped.

Plaintiffs, who are Albanian citizens, bring this action to compel various federal government officials (collectively 'Defendants' or the 'United States') to 'properly adjudicate' Plaintiffs' applications for employment authorization documents ('EAD'). Plaintiffs claim the United States wrongly denied their EAD applications, which they filed based on an application for asylum pending before the Executive Office for Immigration Review. The parties' dispute turns on the application of the applicable federal regulations. Mr. Gjondrekaj filed a complete asylum application with USCIS on July 7, 2008, and the Immigration Court stopped Plaintiffs' asylum clock at the November 19, 2008 hearing, resulting in a freeze at 135 days. USCIS subsequently denied all of Plaintiffs' EAD applications because their asylum clock was stopped.

Issue

Whether USCIS acted arbitrarily or capriciously in denying the aliens' EAD applications based on the immigration court's asylum clock.

Whether USCIS acted arbitrarily or capriciously in denying the aliens' EAD applications based on the immigration court's asylum clock.

Rule

The regulations prohibit the United States from issuing an EAD before 180 days have passed from the filing of the asylum application, and the asylum clock can be stopped by the Immigration Court.

The regulations prohibit the United States from issuing an EAD before 180 days have passed from the filing of the asylum application, and the asylum clock can be stopped by the Immigration Court.

Analysis

The Court finds that the United States did not act in an arbitrary or capricious manner in denying Plaintiffs' EAD applications. Plaintiffs challenge the actions of the Immigration Court when it stopped Plaintiffs' asylum clock at the November 19, 2008 master calendar hearing. The Court does not find these arguments compelling, as it must limit its review of the agency's decision to what is in the administrative record. It is rational for USCIS to rely on the records of the Immigration Court when calculating how many days have run on an applicant's asylum clock, as the processing of asylum applications and EAD applications are closely linked.

The Court finds that the United States did not act in an arbitrary or capricious manner in denying Plaintiffs' EAD applications. Plaintiffs challenge the actions of the Immigration Court when it stopped Plaintiffs' asylum clock at the November 19, 2008 master calendar hearing. The Court does not find these arguments compelling, as it must limit its review of the agency's decision to what is in the administrative record. It is rational for USCIS to rely on the records of the Immigration Court when calculating how many days have run on an applicant's asylum clock, as the processing of asylum applications and EAD applications are closely linked.

Conclusion

Accordingly, Defendant's Motion to Dismiss is GRANTED. This case is dismissed with prejudice.

Accordingly, Defendant's Motion to Dismiss is GRANTED. This case is dismissed with prejudice.

Who won?

The United States prevailed in the case because the court found that USCIS did not act arbitrarily or capriciously in denying the EAD applications based on the immigration court's asylum clock.

The United States prevailed in the case because the court found that USCIS did not act arbitrarily or capriciously in denying the EAD applications based on the immigration court's asylum clock.

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