J.O.P. v. U.S. Dept. of Homeland Security, et. al., Information

On Aug. 2, 2019, the United States District Court for the District of Maryland in the case of J.O.P. v. U.S. Dept. of Homeland Security, et. al., Civil Action 8:19-cv-01944 (PDF, 43 KB), issued a temporary restraining order enjoining U.S. Citizenship and Immigration Services (USCIS) from applying the May 31, 2019, unaccompanied alien children (UAC) memorandum, “Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children. (PDF, 1.43 MB)” Pursuant to the order, USCIS may not rely on the 2019 memorandum to reject jurisdiction over any asylum application filed by a UAC (as defined in the Homeland Security Act, 6 U.S.C. § 279(g)(2)) under the Trafficking Victims Protection Reauthorization Act (TVPRA) if that application would have been accepted under the May 28, 2013, USCIS memorandum that predated the May 31, 2019, memorandum.

The court further ordered USCIS to retract any adverse decisions already rendered for cases applying the 2019 UAC memorandum, and to reinstate consideration of such cases applying the May 28, 2013, UAC memorandum, “Updated Procedures for Determination of Initial Jurisdiction over Asylum Applications Filed by Unaccompanied Alien Children. (PDF, 559 KB)

In accordance with the court’s order, USCIS is reviewing all asylum applications where USCIS determined that it did not have jurisdiction under the 2019 UAC memorandum. Applicants will receive a Notice of Re-Examination of Jurisdictional Determination if they were notified that USCIS declined to accept jurisdiction under the 2019 UAC memorandum.

If you believe that the court’s order in this case applies to you, and you have not received a Notice of Re-Examination or have questions about a pending asylum application, please contact the Director of the USCIS Asylum Office having jurisdiction over your asylum application. Please address such correspondence to the Director of the Asylum Office and identify it with a subject line that includes “JOP UAC issue,” followed by the applicant’s full name and A-file number.

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