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Keywords

plaintiffjurisdictionvisajudicial reviewliens

plaintiffjurisdictiontrustvisaliens

Related Cases

Gonzalez v. Cuccinelli

Facts

Plaintiffs are aliens unlawfully present in the U.S. who applied for U-Visas after being victims of serious crimes and cooperating with law enforcement. They allege that the Department of Homeland Security (DHS) has unlawfully withheld or unreasonably delayed their applications for work authorization pending U-Visa approval. The court found that while the agency has discretion over these applications, it cannot be compelled to act on them, leading to the dismissal of some claims and the remand of others.

Plaintiffs are aliens unlawfully present in the United States who seek U-Visas as victims of serious crimes who cooperated with law enforcement. They allege that the Department of Homeland Security has unlawfully withheld or unreasonably delayed adjudication of their U-Visa petitions and their applications for work authorization pending U-Visa approval.

Issue

Whether the court has jurisdiction to compel the Department of Homeland Security to adjudicate work authorization requests for U-Visa applicants and whether the agency's delay in adjudicating U-Visa petitions constitutes unreasonable delay.

Rule

The Immigration and Nationality Act grants the Department of Homeland Security discretionary authority to grant U-Visas and work authorizations, and the Administrative Procedure Act allows for judicial review only when an agency is required to act.

The Immigration and Nationality Act entrusts Homeland Security with discretionary authority to grant 'U nonimmigrant status' to eligible unlawful aliens who are victims of serious crime and who cooperate with law enforcement.

Analysis

The court determined that it could not compel the agency to act on the work authorization requests because the agency's discretion under the Immigration and Nationality Act means it is not required to adjudicate these requests. However, the court found that the claim regarding unreasonable delay in adjudicating U-Visa petitions could proceed, as it did not fall under the same jurisdictional limitations.

We hold that the first three causes of action must be dismissed, and the remaining claim remanded. The work-authorization claims fall beyond our jurisdiction. Under the Administrative Procedure Act and All Writs Act, we can only compel faster agency action if the agency is required to act.

Conclusion

The court affirmed the dismissal of the claims related to work authorization but vacated the dismissal of the claim regarding unreasonable delay in adjudicating U-Visa petitions, remanding it for further proceedings.

We therefore dismiss Plaintiffs' claims relating to their requests for pre-waiting-list work authorization and remand Plaintiffs' claim relating to U-Visa adjudications.

Who won?

The Department of Homeland Security prevailed in part, as the court dismissed the claims regarding work authorization due to lack of jurisdiction, affirming the agency's discretion.

The district court held for the agency. It dismissed Plaintiffs' first two claims under Rule 12(b)(1), and the remaining claims under Rule 12(b)(6).

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