This amicus brief argues that a federal district court may review a claim that USCIS has unreasonably delayed deciding applications to adjust status to lawful permanent resident (green card applications). The district court dismissed the complaint because it concluded that a section of the Immigration and Nationality Act barred judicial review of a “decision or action” in the agency’s discretion as to green card applications. Seeking reversal, the amicus brief argues that the statute must be read as allowing review because the ordinary meaning of “decision or action” does not include failure to decide or act. The amicus brief also highlights that unlike this statute, Congress created a special definition of “agency action” in the Administrative Procedure Act (APA), which includes the failure to act, and provided a remedy. The amicus brief argues that the district court also can review the applicants’ mandamus claim to compel USCIS to decide. The amicus brief also argues that since jurisdiction exists, the appellate court should return the case to the district court for a decision as to the delay.
Partners
The American Immigration Council filed this amicus brief with the American Immigration Lawyers Association.
