when the visa number was available to you.
The judge in Northern California District Court noted :
"However, Defendant admits that a visa was available to Plaintiff on the date she filed her Complaint. Thus, the current unavailability of a visa number is due to Defendant’s unreasonable delay in adjudicating Plaintiff’s application. In a similar situation, the Ninth Circuit held that agency delay cannot deprive an immigrant of rights he would have been entitled to had the agency taken an action in a reasonable time. Sun Il Yoo v. Immigration and Naturalization Service, 534 F.2d 1325 (9th Cir. 1976). Immigration service may be ordered to consider an application based on the law in effect at the time the application should have been adjudicated. Id.
Further, the Administrative Procedures Act expressly grants federal courts power to issue judgments and decrees against the heads of executive departments to remedy legal wrongs suffered due to agency action. 5
U.S.C. § 702. Defendant has presented no authority for the proposition that Defendant’s own failure to act in a reasonable time period can curtail that power."
The judge in Northern California District Court noted :
"However, Defendant admits that a visa was available to Plaintiff on the date she filed her Complaint. Thus, the current unavailability of a visa number is due to Defendant’s unreasonable delay in adjudicating Plaintiff’s application. In a similar situation, the Ninth Circuit held that agency delay cannot deprive an immigrant of rights he would have been entitled to had the agency taken an action in a reasonable time. Sun Il Yoo v. Immigration and Naturalization Service, 534 F.2d 1325 (9th Cir. 1976). Immigration service may be ordered to consider an application based on the law in effect at the time the application should have been adjudicated. Id.
Further, the Administrative Procedures Act expressly grants federal courts power to issue judgments and decrees against the heads of executive departments to remedy legal wrongs suffered due to agency action. 5
U.S.C. § 702. Defendant has presented no authority for the proposition that Defendant’s own failure to act in a reasonable time period can curtail that power."
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