John Valdez’s Legal Blog

A California Court hit the government where it really hurts, the pocketbook, when it ruled that the USCIS was unreasonable in delaying adjustment of status applications for four years due to pending FBI security checks.  On July 2, 2008, the Court in Shirmohamadali v. Heinauer, No. Civil S-07-1073 DAD (U.S. District Court for the Eastern District of California) ruled that the plaintiff immigrants were not only entitled to adjustment of status, they were also entitled to $25,626.40 in attorneys fees and $936.66 in costs as prevailing parties.

For a long time now, the courts have been ruling that the USCIS cannot simply put off deciding applications for adjustment of status for years simply because security checks are sitting in file cabinets with no one working on them.  Yet, the government has continually brought the same arguments in defending law suits:  That they cannot be forced to adjudicate the applications and that the wait is reasonable.   See my prior blog on these cases. 

Well, it appears that the Courts are finally getting tired of the government’s losing arguments.  After examining the USCIS’ arguments and litigation actions, the Shirmohamadali Court found that the Agency’s “conduct did not have a reasonable basis in fact or in law, and the government’s litigation position was not justified to a degree that could satisfy a reasonable person.”    

I, for one, am glad that the courts can still help achieve some measure of justice for immigrants.