Hi Everyone,
Looks like the US Attorneys have pressured the USCIS to develop
develop regulations so that they don't have to expedite mandamus cases
in the interest of "fairness" to other applicants. Once regulations
are published (expected to be about 6 months from now), the US
Attorneys will file motions to dismiss all WOM and 1447b petitions
based on the new regulations. Looks like this will be the end of slam
dunk WOMs and 1447bs when the regulations become finalized.
Daniel Huang
This is the link:
http://a257.g.akamaitech.net/7/257/2422/11dec20060800/edocket.access.gpo.gov/ua061211/ua061009.txt
1306. WITHHOLDING OF ADJUDICATION
Priority: Other Significant
Legal Authority: 8 USC 552; 8 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC
1304; 8 USC 1356; 8 USC 1421; 8 USC 1443; 8 USC 1447; . . .
CFR Citation: 8 CFR 103; 8 CFR 208; 8 CFR 310; 8 CFR 335; 8 CFR 336
Legal Deadline: None
Abstract: This interim rule codifies the Secretary of Homeland
Security's current discretionary authority, as delegated to the
Department of Homeland Security (DHS) directors, to manage the caseload
of pending requests for immigration benefits in districts or regions
over which the directors have jurisdiction. A component of this case
management authority is the ability to withhold adjudication of any
pending application or petition, particularly when an investigation is
ongoing and background and security checks are still pending
completion. This interim rule expands the circumstances under which DHS
may withhold adjudication or toll any applicable regulatory deadline
for completion of adjudication of an application or petition. This
interim rule also modifies the regulations governing processing of
naturalization applications to define when a naturalization examination
will be deemed ``conducted'' for purposes of seeking administrative or
judicial review under section 336 of the Immigration and Nationality
Act (Act). The interim rule also requires that background and security
checks be completed to the satisfaction of the Secretary before an
alien may be found to have ``good moral character'' for naturalization
and before the alien may be naturalized in accordance with title III of
the Act. These changes will aid DHS in its efforts to improve case
adjudication overall while simultaneously ensuring that no immigration
or naturalization benefit is granted until any pending investigation or
required background and security check is completed to the satisfaction
of the Secretary. These changes also will ensure that no immigration
benefit is provided to an ineligible individual or person who may pose
a threat to public safety or national security.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 01/00/07
Interim Final Rule Comment
Period End 03/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: CIS No. 2234-02
Transferred from RIN 1115-AG86
Agency Contact: Alice J. Smith, Chief Counsel, Department of Homeland
Security, U.S. Citizenship and Immigration Services, 20 Massachusetts
Avenue NW., Washington, DC 20536
Phone: 202 272-1418
RIN: 1615-AA86