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Atty. Brad Banias and Atty. Betzold discuss their recent published decision issued in the 6th Circuit Court of Appeals. The 6th Circuit ruled in favor of the the Plaintiffs in Edmer Barrios Garcia v. DHS, et al. In these combined cases that were disposed of by the lower courts on the government's motion to dismiss, here the appellate court ruled that the court has jurisdiction under the APA in a U-Visa delay case, and ... well ... the Court eviscerated the governments arguments in their motions to dismiss. My favorite line from the decision: "We find it unhelpful to fixate on the average snail’s pace when comparing snails against snails in a snails’ race." describing the average processing times of decisions of USCIS. Find the full text of the decision here: https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0217p-06.pdf
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Atty. Brad Banias and Atty. Betzold discuss their recent published decision issued in the 6th Circuit Court of Appeals. The 6th Circuit ruled in favor of the the Plaintiffs in Edmer Barrios Garcia v. DHS, et al. In these combined cases that were disposed of by the lower courts on the government's motion to dismiss, here the appellate court ruled that the court has jurisdiction under the APA in a U-Visa delay case, and ... well ... the Court eviscerated the governments arguments in their motions to dismiss. My favorite line from the decision: "We find it unhelpful to fixate on the average snail’s pace when comparing snails against snails in a snails’ race." describing the average processing times of decisions of USCIS. Find the full text of the decision here: https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0217p-06.pdf