Order | Filed: August 21, 2026
Catholic Legal Immigration Network, Inc. et al v. Rubio et al
Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision | New York Southern
Order
OPINION AND ORDER re: 47 MOTION for Summary Judgment. filed by Agnes Kyeremaa, Fernando Lizcano Losada, Juan David Buitrago Cagua, African Communities Together, Adrian Mitchell, Cesar Andred Aguirre, Lina Margarita Angulo Penaranda, Catholic Legal Immigration Network, Inc., Munthaz Mahmud Hassen, Patricia Richardson, Andres Alfonso Medina Ramirez, Maru Mahmud Hassen, Alejandra Alcendra Moscote, 52 MOTION for Summary Judgment Rule 56 Statement of Material Facts As To Which There Is No Genuine Issue To Be Tried. filed by Agnes Kyeremaa, Fernando Lizcano Losada, Juan David Buitrago Cagua, African Communities Together, Adrian Mitchell, Cesar Andred Aguirre, Lina Margarita Angulo Penaranda, Catholic Legal Immigration Network, Inc., Munthaz M ahmud Hassen, Patricia Richardson, Andres Alfonso Medina Ramirez, Maru Mahmud Hassen, Alejandra Alcendra Moscote, 60 MOTION for Partial Summary Judgment. filed by United States Department of State, Marco Rubio.For the foregoing reasons, the parties motions for partial summary judgment are both GRANTED IN PART AND DENIED IN PART.The Court determines that there is no just cause for a delay of entry of judgment with respect to these claims. Accordingly, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk of Court is directed to enter partial judgment in Plaintiffs favor on Counts One and Seven of the Complaint as set forth herein, and to enter partial judgment in favor of Defendants on Count Three of the Complaint. The motions are otherwise denied.The judgment shall set aside and vacate the Policy categorically suspending the issuance of immigrant visas to applicants from the 75 designated countries as contrary to law and in excess of statutory authority. The judgm ent shall set aside and vacate any refusal of an immigrant visa that was based solely upon the Policy, and remand those agency actions for further proceedings consistent with this Opinion and Order. The Clerk of Court is further requested to enter a declaratory judgment for Plaintiffs that Defendants, by ordering the suspension of the issuance of immigrant visas to nationals of specified countries, violated 8 U.S.C. § 1201(g), 8 U.S.C. § 1152(a)(1)(A), and 22 C.F.R. § 40.6. Additi onally, the Policy exceeded the Secretary of States authority under 8 U.S.C. § 1104(a). By September 11, 2026, the parties shall submit a joint letter to the Court setting forth their proposals as to how to proceed with respect to the remaining claims in the case.The Clerk of Court is directed to terminate ECF Nos. 47, 52, and 60.SO ORDERED. (Signed by Judge Jeannette A. Vargas on 8/21/2026) (jca) Transmission to Orders and Judgments Clerk for processing.