Mark A Ivener, A Law Corporation

Category: Court

Court Blocks Expanded DACA, DAPA; Obama Administration Appeals

On February 23, 2015, the Department of Justice (DOJ) filed paperwork to seek a stay of a federal district court decision to block temporarily some of President Obama’s latest executive actions on immigration. That decision was in response to a lawsuit by 26 states. The blocked programs include an expansion of Deferred Action for Childhood… Read More

BALCA Affirms Denial of Labor Cert for Technical Violation in Supervised Recruitment

In Matter of JP Morgan Chase & Co. (see Decision 2011-PER-00635), the Board of Alien Labor Certification Appeals (BALCA) upheld the denial of a labor certification application filed by JP Morgan Chase for a vice president of mergers and acquisition because the company noted that addresses of applicants were included in their resumes instead of… Read More

Federal District Court Upholds ‘Show Papers’ Provision of Arizona Immigration Law

U.S. District Judge Susan Bolton of Phoenix ruled on September 5, 2012 (PDF), that the “show me your papers” provision of Arizona’s immigration law will stand, at least for now. That provision allows Arizona police officers to question immigration status while carrying out enforcement of other laws. Judge Bolton said the law must take effect before… Read More

Federal Judge Chides USCIS for Denial of ‘Specialty Occupation’ H-1B Petition to Market Research Analyst With Related Bachelor’s Degree

In Residential Finance Corporation v. USCIS, decided on March 12, 2012, Judge Gregory L. Frost of the U.S. District Court for the Southern District of Ohio chided U.S. Citizenship and Immigration Services (USCIS) for its faulty analysis of why it denied an H-1B petition to a market research analyst with a bachelor’s degree in that… Read More

Brazilian Worker Loses Claim of National Origin Discrimination, Retaliation

In Guimaraes v. SuperValu, Inc., the U.S. Court of Appeals for the Eighth Circuit affirmed the judgment of the district court dismissing with prejudice a worker’s lawsuit against her former employer, SuperValu, Inc., for national origin discrimination and retaliation. The plaintiff, Katia Agiuiar Guimaraes, has dual Brazilian and Canadian citizenship. She speaks English with an… Read More