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Keywords

defendantjurisdictionstatuteinjunctionmotiondue processasylumjudicial review
defendantjurisdictionstatuteinjunctionmotiondue processasylumjudicial review

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Wanrong Lin v. Nielsen

Facts

Petitioner Dong became a naturalized U.S. Citizen on February 24, 2004, and she and Petitioner Lin, a citizen of China, have been married since May 2004. Lin has had a removal order since his asylum request was denied in 2008. In 2016, they began the provisional waiver application process and were scheduled for a mandatory interview on August 29, 2018. After the interview, Lin was arrested by ICE agents, leading to the filing of a complaint and a motion for a preliminary injunction.

Petitioner Dong became a naturalized U.S. Citizen on February 24, 2004, and she and Petitioner Lin, a citizen of China, have been married since May 2004. Lin has had a removal order since his asylum request was denied in 2008. In 2016, they began the provisional waiver application process and were scheduled for a mandatory interview on August 29, 2018. After the interview, Lin was arrested by ICE agents, leading to the filing of a complaint and a motion for a preliminary injunction.

Issue

Whether the court has jurisdiction to hear the Petitioners' challenge to Lin's arrest and removal, and whether the denial of the opportunity to complete the waiver application process violated their rights.

Whether the court has jurisdiction to hear the Petitioners' challenge to Lin's arrest and removal, and whether the denial of the opportunity to complete the waiver application process violated their rights.

Rule

The court applied principles from the Immigration and Nationality Act, the Due Process Clause, and the Administrative Procedure Act, emphasizing that judicial review of administrative actions is generally permitted unless explicitly barred by statute.

The court applied principles from the Immigration and Nationality Act, the Due Process Clause, and the Administrative Procedure Act, emphasizing that judicial review of administrative actions is generally permitted unless explicitly barred by statute.

Analysis

The court determined that the Petitioners' claims did not arise from Lin's removal order but rather from DHS's alleged failure to follow its own rules regarding the waiver process. The court noted that the statutory provisions cited by the Defendants did not preclude judicial review of the right to engage in the provisional waiver process before removal.

The court determined that the Petitioners' claims did not arise from Lin's removal order but rather from DHS's alleged failure to follow its own rules regarding the waiver process. The court noted that the statutory provisions cited by the Defendants did not preclude judicial review of the right to engage in the provisional waiver process before removal.

Conclusion

The court granted the Petitioners' motion for a preliminary injunction, allowing Lin to remain in the U.S. while they pursued the waiver application process.

The court granted the Petitioners' motion for a preliminary injunction, allowing Lin to remain in the U.S. while they pursued the waiver application process.

Who won?

Petitioners prevailed in the case because the court found that they had a legitimate entitlement to complete the waiver application process, which had been denied by DHS.

Petitioners prevailed in the case because the court found that they had a legitimate entitlement to complete the waiver application process, which had been denied by DHS.

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