Justia Immigration Law Opinion Summaries
Articles Posted in US Court of Appeals for the Federal Circuit
Itserve Alliance, Inc. v. United States
Plaintiffs, a group of companies, sought refunds for H-1B visa petitions they filed on behalf of their foreign national employees who were already in the United States under a different nonimmigrant classification. They argued that the enhanced fees imposed by the government for these petitions were not applicable to change of status petitions, which involve nonimmigrants already in the U.S.The United States Court of Federal Claims granted summary judgment in favor of the government, rejecting the plaintiffs' argument. The court found that the statutory language did not exclude change of status petitions from the enhanced fees. The court interpreted the phrase "application for admission as a nonimmigrant under [H-1B], including an application for an extension of such status" to include change of status petitions, as these petitions are a sub-category of initial grant petitions.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the lower court's decision. The appellate court held that the statutory language "an application for admission as a nonimmigrant under [H-1B], including an application for an extension of such status" does not exclude change of status petitions. The court reasoned that a strict application of the statutory definitions would render part of the statute meaningless and that the ordinary meaning of the phrase includes change of status petitions. The court also noted that this interpretation aligns with longstanding USCIS practice and the legislative intent behind the statute. As a result, the plaintiffs' claim for a refund was denied, and the government's imposition of the enhanced fees was upheld. View "Itserve Alliance, Inc. v. United States" on Justia Law
RAVI v. US
The case revolves around Ravi Teja, an Indian citizen, who paid thousands of dollars to enroll at the "University of Farmington," expecting to take classes. Unbeknownst to him, the University was a fictitious entity created by the Department of Homeland Security (DHS) as part of an undercover operation to target fraud involving student visas. When the operation came to light, the government neither provided the education Ravi had paid for nor refunded his money. Ravi filed a lawsuit against the United States in the United States Court of Federal Claims, alleging a breach of contract and an accompanying breach of the implied covenant of good faith and fair dealing.The United States Court of Federal Claims dismissed Ravi's complaint for lack of subject-matter jurisdiction, without addressing other issues. The court reasoned that its jurisdiction under the Tucker Act does not extend to contracts entered into by the government when acting as a sovereign unless those contracts unmistakably subject the government to damages in the event of breach. The court concluded that the government was acting in its sovereign capacity as it entered into the alleged contract in furtherance of an undercover law-enforcement operation, and that the alleged contract did not unmistakably subject the government to damages in the event of breach.On appeal, the United States Court of Appeals for the Federal Circuit reversed the Claims Court’s dismissal and remanded the case for further proceedings. The Appeals Court concluded that the Claims Court had jurisdiction pursuant to the Tucker Act over the agreement alleged by Ravi. The court disagreed with the Claims Court's interpretation of the Tucker Act, stating that the contract in question did not concern what was promised to happen or not to happen in a different proceeding in another adjudicatory forum, and thus did not fall into the narrow exception carved out by precedent. The court remanded the case for further proceedings, noting that other grounds not reached by the Claims Court but raised by the government as alternative bases to affirm warranted further exploration. View "RAVI v. US " on Justia Law