Ruiz-Diaz v. USA, a recent case permitting concurrent filings for religious workers, has been reversed by the United States Court of Appeals for the Ninth Circuit.<\/p>\n
On Aug. 20, a three judge panel on the Ninth Circuit reversed and remanded for further proceedings the district court\u2019s decision (2009 WL 799683) allowing religious workers to file their adjustment of status applications concurrently with the organizations\u2019 employment based immigrant visa petitions. Ruiz-Diaz v. USA, No. 09-35734 (9th Cir. August 20, 2010).<\/p>\n
The court only considered the statutory construction argument, so the panel remanded to the district court for consideration of plaintiffs\u2019 causes of action under the Religious Freedom Restoration Act and the U.S. Constitution.<\/p>\n
The injunction requiring the agency to accept concurrent filings was vacated, but the order doing so will not take effect until mandate issues, probably around Oct. 11. Therefore, those wishing to file concurrent adjustment of status applications should do so before that (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Ruiz-Diaz v. USA, a recent case permitting concurrent filings for religious workers, has been reversed by the United States Court of Appeals for the Ninth Circuit. On Aug. 20, a three judge panel on the Ninth Circuit reversed and remanded…<\/span><\/p>\n