Ravulapalli v. Napolitano, 1:10-cv-00447-CKK, slip op. (D.D.C. Mar. 29, 2011)

Federal Judge Finds APA Violation in AC21 106(c) Case


U.S. District Judge Kollar-Kotelly ruled on the Government's Motion to Dismiss, finding that Plaintif raised claims in two Counts warranting attention. Judge Kollar-Kotelly explains that based on the terms of the May 2005/December 2005 memoranda on Section 106(c) of the American Competitiveness in the Twenty-First Century Act, the Plaintiff has raised a claim to challenge the denial of his I-485 Application. The Court notes that the Plaintiff has a claim to a "Yates Review" even though the I-140 was withdrawn -- because the withdrawal happened after the I-485 was pending 180 days.

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Reference Info:Decision | Federal, D.C. Circuit, D.C. | United States

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