VIRAY Enterprises Inc., which sued U.S. Citizenship Immigration Services and the Department of Homeland Security in federal court over the denial of a CW-1 petition, has withdrawn its complaint.
The plaintiff, represented by attorney Stephen Woodruff, and Assistant U.S. Attorney Mikel Schwab of the U.S. Attorney’s Office for the Districts of Guam and the NMI, filed a stipulation for voluntary dismissal without prejudice on Friday. Without prejudice means the lawsuit can be refiled.
“The parties resolved the claims in the complaint. Each party shall bear its own costs and fees, including attorneys’ fees,” the stipulation stated.
In the complaint for declaratory and injunctive relief under the Administrative Procedure Act, the plaintiff named as defendants, in their official capacities, DHS Secretary Alejandro Mayorkas, U.S. Attorney General Merrick Garland, USCIS Director Ur Mendoza Jaddou, USCIS California Service Center Director Donna Campagnolo, and USCIS California Service Center Acting Director Kristine R. Crandall.
Through Woodruff, Viray Enterprises requested the court to review the decision of USCIS, and to have the plaintiff’s CW-1 petition adjudicated.
The plaintiff asked the District Court for the NMI to issue an order setting aside the USCIS denials, and to direct the defendants to grant the CW-1 petition and extend the authorized stay of the plaintiff’s employee.
