The federal court plans to grant a petition to dismiss the lawsuit filed by the Commonwealth Utilities Corp. and 13 of its CW-1 workers.<\/p>\n
U.S. District Court for the NMI Chief Judge Ramona V. Manglona said Tuesday that she is planning to issue a written decision soon reflecting this.<\/p>\n
At a status conference on Tuesday, Manglona said she is currently working on a written decision on the motion to dismiss filed by the U.S. Department of Homeland Security and co-defendants.<\/p>\n
According to the minutes of the conference, Manglona stated that her decision at this point is to grant the motion to dismiss.<\/p>\n
She also stated that the detailed decision articulating the reasoning for this ruling will be issued shortly.<\/p>\n
Because of this, all pending future hearings on the matter shall be vacated.<\/p>\n
James Sirok appeared as counsel for CUC and its 13 Commonwealth-only transitional workers. U.S. Department of Justice Office of Immigration Litigation assistant director Glenn M. Girdharry appeared as counsel for DHS, the DHS secretary, and several other co-defendants. <\/p>\n
CUC and 13 of its foreign workers are suing then-DHS Secretary Jeh Johnson and others for allegedly not acting on CUC\u2019s petitions for CW-1 permit renewals.<\/p>\n
The plaintiffs are also suing U.S. Immigration and Customs Enforcement Director Sarah R. Saldana, and U.S. Citizenship and Immigration Services Director Leon Rodriguez. <\/p>\n
Sirok alleged that the failure of USCIS to make a determination on the CW-1 renewal petitions violates Administrative Procedure Act. <\/p>\n
CUC and its 13 CW-1 workers want the court to prevent Johnson and his co-defendants from enforcing the CW-1 cap for fiscal years 2013 through 2017.<\/p>\n
They claim that the manner used to arrive at the cap is \u201carbitrary, capricious, and results in an abuse\u201d of the DHS secretary\u2019s \u201climited discretion.\u201d <\/p>\n
DHS argued, among other things, that it has unfettered discretion to set the cap in any manner and make it applicable to the CW-1 petitioning process.<\/p>\n
CUC disclosed last year that it employs over 300 workers, including 42 nonresident workers. <\/p>\n","protected":false},"excerpt":{"rendered":"
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