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For many immigrant and non-immigrant visas, the approval of a petition or application from the USCIS is a prerequisite for obtaining the visa. However, the visa may be denied despite the USCIS application having been approved, and consular nonreviewability insulates such decisions from challenge. [2] For instance, in the case of Kerry v.
Department of Homeland Security v. Regents of the University of California, 591 U.S. 1 (2020), was a United States Supreme Court case in which the Court held by a 5–4 vote that a 2017 U.S. Department of Homeland Security (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) immigration program was "arbitrary and capricious" under the Administrative Procedure Act (APA) and ...
A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
This is a civil action for declaratory, injunctive, and mandamus relief brought under the Presidential Records Act, 44 U.S.C. §§ 2201–2209 (“PRA”); the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202; and Article II, Section 3 of the Constitution, which imposes on the President a duty to “take care that the laws be faithfully ...
Continuing mandamus, structural interdict, or structural injunction is a relief given by a court of law through a series of ongoing orders over a long period of time, directing an authority to do its duty or fulfill an obligation in general public interest, as and when a need arises over the duration a case lies with the court, with the court choosing not to dispose the case off in finality.
One of these appointees, William Marbury, filed a petition for a writ of mandamus directly in the Supreme Court, on the jurisdictional grounds that the Judiciary Act of 1789 stated that the Supreme Court "shall have power to issue writs of prohibition to the district courts [...] and writs of mandamus [...] to any courts appointed, or persons ...
On the mandamus appeal, the Fourth Circuit declined to resolve the issue of whether the statute of limitations was tolled against the non-named defendant class members. [ 33 ] Thus, the Catawba prepared to file 60,000 separate complaints against individual landowners in the time remaining before October 1992 (the Catawba's interpretation of ...
The Foreign Intelligence Surveillance Act (FISA) is a United States federal law which prescribes procedures for the physical and electronic surveillance and collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" (which may include American citizens and permanent residents suspected of espionage or terrorism). [1]