On May 9, 2017, a Georgia resident filed this lawsuit in the U.S. District Court for the Northern District of Georgia. In her first amended complaint filed on May 18, 2017, she challenged the U.S. Citizenship and Immigration Services (USCIS)’s arbitrary denial of her Deferred Action for Childhood Arrivals (DACA) status renewal application, alleging that it violated the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment. The plaintiff sought a declaration that the defendants’ decision violated the APA because it was arbitrary and capricious. She also sought to compel the defendants to find that she was eligible for a renewal for her DACA status and to unrevoke and approve her DACA status.
On May 23, 2017, the plaintiff filed a motion for a Temporary Restraining Order and/or a Preliminary Injunction. She sought to temporarily enjoin the revocation of her DACA status pending an eligibility determination that comports with the APA and Due Process Clause.
On June 12, 2017, Judge Mark Cohen preliminarily enjoined USCIS’s decision to terminate the plaintiff’s status under the DACA program as well as the termination of her employment authorization. In addition, the plaintiff’s DACA status was reinstated pending the defendants’ re-adjudication of her renewal application in a manner consistent with DHS’s standard procedures. The defendants then filed a motion for reconsideration of this order, which was denied by Judge Cohen on July 31, 2017.
On August 14, the defendants filed a motion to stay proceedings pending further administrative action because they were in the process of re-adjudicating the plaintiff’s DACA application and staying the case until her application is re-adjudicated would preserve judicial economy. This motion was granted on August 21, 2017.
On October 25, 2017, the defendants filed an emergency motion to dismiss the case, or to dissolve the June 12 Order granting preliminary relief because USCIS has issued a new decision denying the plaintiff’s CADA renewal request after complying with this court’s order.
The plaintiff immediately filed a second amended complaint the next day with similar claims as the first amendment complaint. On November 1, the plaintiff filed a second motion for preliminary injunction as well as an opposition to the defendants’ motion to dissolve. On November 8, 2017, Judge Cohen denied the defendant’s emergency motion to dismiss without prejudice in light of the second amended complaint.
On January 12, 2018, the defendants filed a motion to dismiss or a motion for summary judgment on all claims. Judge Thomas Thrash then stayed proceedings in light of lapse in appropriates of federal funding on January 22.
On May 25, 2018, the parties filed a joints stipulation of settlement to dismiss this case pursuant to their settlement agreement. Under the settlement agreement, USCIS will grant the plaintiff’s May 2017 DACA renewal request, including her application for work authorization, within two business days after execution of this agreement, such that her DACA and employment authorization will be valid from the date of approval through May 9, 2019. USCIS agreed to deter action with respect to the plaintiff until at least May 9, 2019 and to not issue a new Notice of Termination during that time period unless the plaintiff took part in conduct that rendered her unable to continue to meet the DACA guideline. The parties also agreed to bear their own costs and fees. Judge Cohen granted this stipulation and dismissed this case with prejudice.
The case is now closed.
Sichun Liu - 05/12/2019
compress summary
