Court Deals Blow to Iranian Nationals

06 Mar Court Deals Blow to Iranian Nationals

In a ruling which stated that it would be “neither prudent nor efficient,” U.S. District Judge Tanya S. Chutkan ordered a stay on the lawsuit by Iranian immigrants challenging the most recent Trump Administration travel ban.  As the Supreme Court has yet to rule officially on the matter, Judge Chutkan determined that, ‘[t]he Supreme Court’s decision will likely impact and inform this court’s decision as to the legality and enforceability of the [travel ban], and consequently, the court declines to decide the Plaintiff’s motion for a preliminary injunction prior to the Supreme Court’s decision.”

Iranian immigrants are looking for relief from the Courts as they believe the ban lacks due process, amongst other claims of unconstitutionality.  This is a last ditch effort to allow for Iranian nationals to receive visas.  As we currently stand, Iranians are not allowed to receive visa’s to enter the U.S. unless they receive a waiver.  Waivers to this point have been very difficult to obtain and a detriment to travel into and out of the U.S.

There is still hope for Iranian nationals as there are some cases adjudicating the ban that have made it to the Supreme Court.  Unfortunately, without any temporary relief from the lower courts, the ban will remain intact until the Court makes a final ruling.

MSA will continue to provide you the most up to date reports on all immigration matters.

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About the Author:

Brian Idehen, Esq. is an attorney with Mona Shah & Associates.

Brian has experience in investor and corporate immigration law and assists MSA with various immigration and non-immigration matters such as EB-5, E-2, O-1, L, H and G (Diplomatic) visas, EB-1, PERM, securities law and corporate law matters.  His experience includes advising high-net worth individuals and multinational corporate companies such as large financial institutions, fashion designers, advertising agencies, pharmaceutical companies, transportation companies, and law firms on corporate and immigration matters.

1Comment
  • LefkadaPress
    Posted at 04:11h, 10 March Reply

    The Supreme Court, by-in-large, agreed with the Obama administration’s argument, finding immigration law is the purview of the federal government. However, it did affirm the ability of state law enforcement officials to seek to ascertain the immigration status of those stopped for other suspected criminal activity. “The National Government has significant power to regulate immigration,” Justice Anthony Kennedy wrote in the majority opinion. “Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law.

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