Al-Mashwali v. U.S. Citizenship and Immigration Services

Background

The plaintiffs challenged U.S. Citizenship and Immigration Services’ denial of Form I-130 petitions for an alien relative. Mutaher Saeed Al-Mashwali had submitted the petitions on behalf of the remaining named plaintiffs. The complaint asserted claims under the Fifth Amendment, the Administrative Procedure Act, and other statutes.

The plaintiffs requested extra-record discovery, meaning discovery of material outside the administrative record—the materials the agency compiled when it made its decision. The court noted that the plaintiffs’ challenge appeared to focus primarily on the Form I-130 denials, with substantial overlap between the constitutional claims and the Administrative Procedure Act claim.

Ruling

The court denied the plaintiffs’ request for extra-record discovery without prejudice. The court explained that judicial review of an agency decision is generally limited to the administrative record. It also stated that the administrative record had not yet been produced, so the plaintiffs were only speculating that the record would be insufficient. The denial without prejudice left the request open to possible later consideration.

The court ordered the government to file a certified administrative record, including a table of contents, by January 4, 2024. It also set deadlines for the government’s summary-judgment motion, the plaintiffs’ opposition and cross-motion, and the parties’ reply filings, with limits on the length of the briefing.

Effect of the Order

This order resolved the discovery request but did not decide whether the Form I-130 denials were lawful or whether the plaintiffs would prevail on their claims. It established the next steps for review of the agency’s decision through summary judgment.