Seattle Federal Court Finds USCIS and Department of State Manipulated the Record and Abused the Judicial Process in J-1 Waiver Litigation, and Awards Bad Faith Attorney’s Fees
In a recent federal court case in Seattle, District Judge Ricardo Martinez harshly criticized the USCIS and State Department for manipulating the record and consistently making misrepresentations to the court about the evidence that it considered in a J-1 waiver adjudication. The court awarded over $50,000 in attorney’s fees to Linda Guerra and her husband as a result of the bad faith conduct of USCIS and the Department of State in litigation over the adjudication by CIS and State of her application for a waiver of the J-1 foreign residence requirement. Guerra et al v. USA, No. 09-CV-01027 RSM (W.D. Wash., Oct. 21, 2014).