2nd Circuit Won't Change NY's Apportionment Method

Recent Cases

The 2nd Circuit denied a voter's assertion that New York's method of congressional district apportionment should be changed from overall population to voting-age population.

Michael Kalson sued Gov. David Paterson and the state election board. Kalson claimed his vote didn't count as much as those of voters in other congressional districts with a smaller percentage of adults.

Judge Calabresi agreed with the trial court that Kalson's claim lacked merit.

The judge noted that Kalson does not assert that "districts must be comprised of the same number of actual voters or eligible voters; he asserts only that they must have the same voting-age population."

Although one district may have a more adults than another, the second district could have a lower percentage of felons, noncitizens, and people who choose not to vote, Calabresi noted.

For that reason, the judge ruled, the plaintiff's request for a voting-age requirement would not remedy his complaint.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.

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