NILA’s latest practice advisory, Venue Challenges in APA Immigration Cases, discusses the venue choices a plaintiff has under 28 U.S.C. § 1391(e) when challenging a decision or delay in decision-making by U.S. Citizenship and Immigration Services (USCIS) under the Administrative Procedure Act, as well as considerations that inform venue selection. It also addresses the basis for a challenge to venue as improper under Federal Rule of Civil Procedure 12(b)(3) and/or 28 U.S.C. § 1406, as well as motions to transfer venue under 28 U.S.C. § 1404 Like all NILA advisories and templates, the advisory is available on the Practice Advisory page of our website: https://immigrationlitigation.org/practice-advisories/.
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