Malhotra et al v. Director of United States Citizenship and Immigration Services

UNITED
STATES
DISTRICT
COURT
FOR
THE
RAJAN
MALHOTRA
et
al.,
Plaintiffs,
DISTRICT
OF
VERMONT
U.S.
DISTRICT
COURT
DISTRICT
Of
VERMONT
FlLEO
ZGZh
AUG
i 3 P
12:
00
av
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___
/.._
DEPUTY
CLERK
V.
)
)
)
)
)
)
)
)
)
)
)
Case
No.
2:25-cv-480
DIRECTOR
OF
UNITED
STATES
CITIZENSHIP
AND
IMMIGRATION
SERVICES,
Defendant.
ENTRY
ORDER
The
Plaintiffs
in
this
case
are
noncitizens
who
have
applied
for
U nonimmigrant
status
("U
visas").
They
allege
that
USCIS
has
failed
to
provide
them
with
waiting
list
decisions
under
8 C.F.R.
§ 214.14(d)(2).
USCIS
has
filed
a motion
to
dismiss
primarily
arguing that
the
majority
of
Plaintiffs'
claims
are
moot
because
they
have
already
received
adjudicative
action.
(Doc.
13.)
Plaintiffs
concede
that,
to
the
extent
that
any
given
plaintiff
has
received
a waiting
list
decision-
positive
or
negative-those
plaintiffs'
claims
are
moot.
(Doc.
14
at 4.)
Plaintiffs
oppose
the
motion
to
dismiss
in
part
on
the
grounds
that
USCIS
has
not
identified
which
plaintiffs
have
received
adjudicative
action.
(Id.
at
2-3.)
Plaintiffs
recognize
that
USCIS
is generally
prohibited
from
disclosing
such
information
under
8 U.S.C.
§ 1367(a)(2).
But
Plaintiffs
also
argue
that,
by
filing
this
lawsuit
using
their
real
names,
they
have
waived
the
protections
of§
1367(a)(2).
(Doc.
14
at
3.)
They
therefore
request
that
USCIS
identify
which
plaintiffs
have
received
what
adjudicative
action.
USCIS
responds
that
the
filing
of
the
lawsuit
is
not
a per
se
waiver
and
that
it could
face
sanctions
if
it discloses
the
requested
information.
(Doc.
16
at
1-2,
2 n.1.)
2:25-cv-00480-gwc Document 19 Filed 08/13/26 Page 1 of 2

To
avoid
any
sanctions,
users
states
that,
"if
the
Court
requests
these
details,
then
[USCrS]
seek[
s]
leave
to
file
a notice
disclosing
the
adjudications
received
by
the
Plaintiffs
under
seal."
(Id.
at 2 n.1.)
To
resolve
this
issue,
the
court
ORDERS
that
users
file
a notice
disclosing
the
adjudications
received
by
each
plaintiff
and
that
it
do
so
under seal.
Dated
at Burlington,
in
the
District
of
Vermont,
this
13th
day
of
August,
2026.
2
Geoffrey
W.
Crawford,
Judge
United
States
District
Court
2:25-cv-00480-gwc Document 19 Filed 08/13/26 Page 2 of 2