Home Page

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network




Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of
free information!
© 1995-
Immigration LLC.

  • Article: Good And Bad News For Long-delayed Asylum Applicant By David L. Cleveland

    Good And Bad News For Long-delayed Asylum Applicant


    In response to an “unreasonable delay” lawsuit filed in U.S. District Court, the Department of Homeland Security [“DHS”] promised to adjudicate an asylum case “within 90

    days” in lieu of filing a response to the lawsuit. The DHS kept its promise. However, the asylum case was rejected, and referred to Immigration Court.

    Mr. A was interviewed by an asylum officer in August 2014. But, no decision was made. His lawyer wrote letters and emails in 2015 and 2016. His lawyer contacted the US-CIS Ombudsman, and AILA.

    March 2017: Mr. A filed an Administrative Procedure Act [“APA”] lawsuit against the DHS, in the U.S. District Court for the District of Columbia. [No. 17-cv-0556 (CKK); filing fee: $400]

    His complaint cited 5 USC section 706(1), which provides that a Court is authorized to compel agency action that has been “unreasonably delayed.” Besides asylum, Mr. A claimed the statutory, non-discretionary right to withholding of removal, under 8 USC section 1231(b)(3). Mr. A cited Han Cao v. Upchurch, 496 F. Supp. 2d 569, 574 (E.D. Pa. 2007) (an agency does not have the right to let “a petition languish indefinitely.”)

    May: The Assistant U.S. Attorney [“AUSA”] representing the DHS in court asked for an extension of time to file an answer. In June, an agreement was reached: “The CIS will interview Mr. A again, and decide his application within 90 days.” An excruciating 6-hour re-interview was held [no water, no bathroom breaks; Mr. A’s lawyer surreptitiously swallowed a few Tic-Tacs at times]. Mr. A was asked about his father’s employment 20 years earlier, among other seemingly irrelevant issues.

    September 2017: CIS kept its promise: the application was decided- it was denied. Mr. A was referred to the Arlington VA Immigration Court. The case in U.S. District Court was dismissed.


    Beshir v. Holder, 10 F. Supp. 3d 165 (D.D.C. 2014):

    Beshir filed an application for adjustment of status in 2004; in 2008, the DHS suggested Beshir was a “terrorist,” in 2010, Beshir filed a lawsuit under the APA, and other statutes. In 2014, the Court ruled it had no jurisdiction, and dismissed the case! [The Court acknowledged there was case law to the contrary.]

    Sultaliev v. Rodriguez, 2017 WL 2960515 (D.Mass. 2017): plaintiff complained that the CIS had not acted on his I-751 “Petition to Remove the Conditions.” The Court ruled that plaintiff lacked standing, for failure to show “a concrete and particularized injury.” [!]

    Bemba v. Holder, 930 F. Supp. 2d 1022 (E.D. Mo. 2013) (six years is not unreasonable)

    = = = = =

    BUT: in SAI v. DHS, 149 F. Supp. 3d 99, 121 (D.D.C. 2015), the plaintiff, who suffers from a neurological disorder, filed an administrative complaint with DHS. Held: a delay of 2.75 years was “unreasonable.”

    Reprinted with permission.

    About The Author

    David L. Cleveland. David L. Cleveland, a staff attorney at Catholic Charities of Washington, DC, was Chair of the AILA Asylum Committee (2004-05) and has secured asylum or withholding for people from 46 countries.

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: