Immigration – Administrative Procedure Act – Visas

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7^th Circuit Court of Appeals

Case Name: Thomas Taylor v. James W. McCament, Acting Director, U.S. Citizenship & Immigration Services

Case No.: 17-1943

Officials: FLAUM, RIPPLE, and MANION, Circuit Judges.

Focus: Immigration – Administrative Procedure Act – Visas

Appellant Thomas Taylor applied for a U-visa in 2014. United States Citizenship and Immigration Services (“USCIS”) determined that Taylor was eligible, but placed him on a waiting list because the relevant statute prohibits the agency from issuing more than 10,000 U-visas per year. Taylor filed suit in district court, alleging that USCIS’s prior delay in promulgating regulations for the U-visa program caused the backlog in applications. He asserted claims under the Administrative Procedure Act (“APA”) and the Mandamus Act, and asked the court to compel USCIS to immediately issue 80,000 U-visas to those on the waiting list. The district court determined that Taylor lacked standing and accordingly dismissed his complaint for lack of subject matter jurisdiction. We affirm.

Affirmed

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