Attorney James Mayock brought a suit against the Federal Agency claimed that USCIS had engaged in a “pattern and practice” of violating the Freedom of Information Act (FOIA) for well over several decades. The Ninth Circuit, however, found that Mayock failed to prove standing and that the case was actually moot.

Applying Precedent

The Ninth Circuit applied the SCOTUS case of Kokken v. Guardian Life Ins. Co., reasoning that since the district court did not have jurisdiction over the prior 1992 lawsuit agreement, it had no power to enforce the terms of the agreement in 2009. The issue of whether or not a pattern was established was not a centralized issue. And as a result, the $318,568 award in attorney’s fees were remanded.

Mootness

The Court dismissed Hajro’s claim as moot because Mayock’s client did eventually obtain his citizenship. There was no ongoing ongoing case or controversy.

Lack of Standing

The three judge panel also found that the facts in the record, as developed, were enough to determine whether Mayock had a pattern or practice claim. The panel remanded Mayock’s claims so that Judge Grewal in the lower court “can make the requisite factual findings” in order to see if Mayock has standing to bring his claim.

In her dissent, Judge Rawlinson considered whether or not Mayock had any possible standing to bring any such claim on his own behalf. Rawlinson determined that the record didn’t show any harm to Mayock other than the harm ostensibly suffered by his clients. On this basis, Rawlinson would have recommended all claims be dismissed.

Related Resources:

  • Federal Opinion Text (CourtHouse News)
  • Top Ten Immigration Tips (FindLaw’s Learn About the Law)
  • Spouse’s Visa Application is Denied and So Are Due Process Claims (FindLaw’s SCOTUS)
  • A Couple of Joints (Probably) Won’t Get You Deported (FindLaw’s SCOTUS)

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