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Date: 04-12-2023

Case Style:

Beatriz Eugenia Saenz Castro v. Alissa Emmel and Ur M. Jaddou

Case Number: 4:22-cv-03176

Judge: Ewing Werlein, Jr.

Court: United States District Court for the Southern District of Texas (Harris County)

Plaintiff's Attorney:




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Defendant's Attorney: Elanor A. Robinson-Gaither

Description: Houston, Texas immigration law lawyer represented Plaintiff who sued defendants on Administrative Procedure Act theories.

"The Administrative Procedure Act (APA) is a federal law that governs how federal agencies conduct their business. The APA applies to all agencies of the federal government, including the Department of Homeland Security (DHS), which is responsible for immigration enforcement.

The APA sets forth certain procedural requirements that agencies must follow when they make rules or take other actions that affect the public. These requirements include:

The agency must provide notice of its proposed action and an opportunity for the public to comment.
The agency must consider all comments received and make a reasoned decision.
The agency must publish its decision and explain its reasoning.

The APA also provides for judicial review of agency actions. This means that a person who is aggrieved by an agency action can challenge the action in court.

In the immigration context, the APA has been used to challenge a variety of agency actions, including:

The denial of a visa
The deportation of an alien
The detention of an alien
The implementation of a new immigration policy

The APA can be a powerful tool for challenging unlawful immigration actions. However, it is important to note that the APA does not guarantee that a challenge to an immigration action will be successful. The courts will consider a variety of factors when deciding whether to grant relief, including the strength of the legal arguments and the harm that the plaintiff will suffer if the action is not challenged.

If you believe that you have been harmed by an unlawful immigration action, you should consult with an immigration attorney to discuss your options."

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Outcome: 04/12/2023 25 MEMORANDUM AND ORDER Granting 4 Defendants' MOTION to Dismiss and Plaintiff Beatriz Eugenia Saenz Castro's claims against UR M. Jaddou, Director of U.S. Citizenship and Immigration Services and Alissa Emmel, Chief of Immigrant Investor Program are DISMISSED. 24 Plaintiff's MOTION for Discovery is denied as moot.(Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) (Entered: 04/12/2023)
04/12/2023 26 FINAL JUDGMENT. Case terminated on 4/12/2023.(Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) (Entered: 04/12/2023)

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