NEW YORK, NY — A federal judge has transferred a lawsuit challenging the denial of a religious worker visa out of Manhattan, ruling that the case belongs in a different court before any decision on the merits.
U.S. District Judge Vernon S. Broderick ordered the case moved to the Eastern District of New York after both sides agreed the Southern District was not the proper venue. The decision delays a pending ruling on a key motion filed by federal immigration authorities.
Visa Denial Challenge at Center of Lawsuit
The case was filed by the Muslim American Society of Queens and an individual applicant, who are contesting the denial of a Form I-129 petition for a nonimmigrant religious worker visa.
The petition sought to allow the individual to work in a religious capacity in the United States. Plaintiffs argue that U.S. Citizenship and Immigration Services (USCIS) improperly denied the application.
Summary Judgment Motion Put on Hold
Before the venue issue was resolved, federal officials had already filed a motion for summary judgment, asking the court to rule in their favor without a trial.
Rather than deciding that motion, Judge Broderick determined that the proper course was to transfer the case and allow a judge in the correct jurisdiction to handle the dispute.
Case Sent to Eastern District of New York
Both parties agreed the case should be heard in the Eastern District of New York, which covers Brooklyn and Queens—where the plaintiff organization is based.
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Key Points
• Federal judge transferred immigration lawsuit over visa denial to Brooklyn court
• Case challenges USCIS decision on religious worker visa petition
• Summary judgment motion will be decided by new judge in Eastern District
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Why Venue Matters
Federal courts must ensure cases are filed in the correct geographic jurisdiction. When a case is brought in the wrong district, judges can transfer it rather than dismissing it outright.
Current Status
The case will now proceed in the Eastern District of New York, where a new judge will consider the pending motion and the underlying claims.
Keywords: USCIS lawsuit, religious worker visa, federal court transfer