Taylor v. McCament

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 17-1943
Decision Date: 
November 17, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for lack of standing plaintiff-alien’s claim under Administrative Procedure Act seeking order to compel U.S. Citizenship and Immigration Services (USCIS) to immediately issue 80,000 U-visas to those, like plaintiff, who were placed on waiting list for said visas. Record showed that relevant agencies failed to timely create regulations to enable individuals to apply for U-visas, which, in turn helped to cause instant backlog of U-visa petitions. However, plaintiff lacked standing to seek requested relief in instant case since: (1) Victims Protection Act limits number of U-visas that may be issued each fiscal year to 10,000; and (2) even if Dist. Ct. ordered USCIS to issue 80,000 U-visas, USCIS could not do so because of 10,000 U-visa statutory cap.