Mark A Ivener, A Law Corporation

Category: Courts


Investors Win Appellate Reversal Of EB-5 Visa Denial

A federal appeals court in Washington has ruled that U.S. Citizenship and Immigration Services (USCIS) unreasonably denied a group of investors’ petitions for EB-5 visas on the basis that their investment didn’t comply with the rules of the program.

Court Delays STEM OPT Ruling, Preserving Current STEM OPT Program

The U.S. District Court for the District of Columbia has accepted the Department of Homeland Security’s (DHS) request to modify the court’s stay of its ruling that the agency invalidly issued its 2008 rule on STEM OPT (optional practical training for students in science, technology, engineering, and mathematics). The court modified the stay to give… Read More

Supreme Court Agrees to Hear DAPA Case

The U.S. Supreme Court has agreed to rule on a challenge to President Obama’s “Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)” program, in U.S. v. Texas, No. 15-674. Most recently, in November 2015, the U.S. Court of Appeals for the Fifth Circuit upheld an injunction based on insufficient notice and opportunity… Read More

Federal Prosecutors Drop Criminal Case Based on Evidence Seized From Laptop

Federal prosecutors have dropped a criminal case against Jae Shik Kim, a Korean businessman, who was charged with violating economic sanctions based on evidence seized from his laptop. On August 11, 2015, prosecutors told the U.S. Court of Appeals for the D.C. Circuit that they would not pursue the criminal case or challenge an order… Read More

Fifth Circuit Denies Emergency Stay of Preliminary Injunction Against DAPA and Expanded DACA

On May 26, 2015, the U.S. Court of Appeals for the Fifth Circuit denied the Obama administration’s request for an emergency stay of a preliminary injunction against its Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and expanded Deferred Action for Childhood Arrivals (DACA) program. In denying the request, the Fifth… Read More