Subsequent Trump-Era and Court Action(s)

• October 24, 2018

  2018.10.24 JL v. Cissna - PI Order

  On October 24, 2018, a federal judge issued a preliminary injunction in J.L. v. Cissna which enjoined the government from denying Special Immigrant Juvenile (SIJ) status based on the rationale "that a California Probate Court does not have jurisdiction or authority to 'reunify' an 18- to 20-year-old immigrant with his or her parents." Additionally, the injunction enjoined ICE from removing any individual whose petition for SIJ status had been denied on that basis.
  The parties later settled the case on October 25, 2019.

  
  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• March 11, 2019

  2021.01.07 Ochoa-Castillo v. Carroll - Fifth Circuit Opinion

  On March 11, 2019, Kevin Abimael Ochoa-Castillo filed suit in federal court challenging USCIS's denial of his petition for SIJ status on the basis that the Texas state court declaratory judgement "did not qualify as a dependency order under 8 U.S.C. § 1101(a)(27)(J) because it did not address Ochoa-Castillo’s custody or supervision." On March 25, 2020, Judge Hanks of the Southern District of Texas ruled again Mr. Ochoa-Castillo for failing to state a plausible claim. On January 07, 2021, the Fifth Circuit affirmed Judge Hanks's decision.

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• March 15, 2019

  R.F.M. v. Nielsen Order

  On March 15, 2019, a federal judge in R.F. M. v. Nielsen (S.D.N.Y., Case No. 1:18-cv-05068) overturned USCIS's interpretation.
  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• July 17, 2019

  2019.07.17 Galvez v. Cuccinelli PI Order

  On July 17, 2019, a federal judge issued a preliminary injunction in Moreno Galvez v. Cuccinelli enjoining USCIS from denying applications for Special Immigrant Juvenile (SIJ) status on the basis that "a Washington state court did not have jurisdiction or authority to 'reunify' an immigrant with his or her parents." Additionally, the injunction enjoined ICE from removing any individual whose petition for SIJ status had been denied on that basis.

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• October 5, 2020

  2020.10.05 Galvez v. Cuccinelli - Order granting MSJ

  On October 05, 2020, the federal judge in Moreno Galvez v. Cuccinelli granted Plaintiffs' motion for summary judgement and entered a permanent injunction. The judge held that the 2018 policy requiring Washington state courts to have "jurisdiction or authority to 'reunify' 18-20 year old youths with their parents" before granting SIJ status was unlawful. Additionally, the judge required USCIS to adjudicate SIJ petitions within 180 days of filing and denied the government's attempt to toll or delay the deadline by issuing RFEs or asserting the application was incomplete.

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• November 3, 2022

  2022.11.3 Galvez v. Jaddou - Ninth Circuit Opinion

  On November 3, 2022, the Ninth Circuit affirmed in part and vacated in part the permanent injunction issued in Galvez v. Cuccinelli. Critically, the panel affirmed the district court's order order that required USCIS to adjudicate Special Immigrant Juvenile petitions within 180 days.

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