Decision date: 2021-01-14

Affirming in part and vacating in part district court's dismissal of action challenging delayed adjudications of U-visa petitions and work authorization requests pending U-visa approval. The Court ruled that it lacked jurisdiction to review work authorization claims because DHS is not required to adjudicate work authorization requests but that Plaintiffs' claim regarding delayed adjudication of U-visa petitions was subject to judicial review and Plaintiffs pled a plausible claim.

Publication Status: Published

Case judge: Harris, Quattlebaum, Richardson

Decision: Gonzalez v. Cuccinelli, 985 F.3d 357 (4th Cir. 2021)