ST. LOUIS — A married couple is suing government agencies, citing alleged unlawful delay of their application for permanent residency.
Diamon DeDual, a U.S. citizen, and Mariwan Hama, her husband, filed a complaint on May 27 in the U.S. District Court for the Eastern District of Missouri against the Department of Homeland Security; Citizenship and Immigration Services; John F. Kelly, secretary of the Department of Homeland Security, et al, alleging that the defendants violated the Administrative Procedure Act (APA) and Immigration and Nationality Act (INA).
According to the complaint, the plaintiffs allege that on Aug. 31, 2016, Hama filed an application for immigrant visa and alien registration and paid all applicable filing and visa fees. The plaintiffs claim that the visa application has been delayed due to a new policy known as the Controlled Application Review and Resolution Program (CARRP) and because Hama is from a predominantly Muslim country.
The plaintiffs allege the defendants failed to act promptly regarding the application, have violated the process rights of plaintiffs, failed to adhere to their legal duty to avoid unreasonable delays under the INA and the applicable rules and regulations.
The plaintiffs seek to issue a writ of mandamus, an award of attorneys' fees, costs under the Equal Access to Justice Act and the relief that the court may deem fit and proper. They are represented by James O. Hacking III of Hacking Law Practice LLC in St. Louis.
U.S. District Court for the Eastern District of Missouri case number 4:17-cv-01574