ARTICLE 4 — CLUSTER
MW Law LLC | Immigration Law for Businesses, Professionals, and Families — Chicago, Illinois
Current as of September 13, 2026.
On August 24, 2026, the U.S. District Court for the Northern District of California issued an order in Red Eagle Law, L.C., et al., v. Joseph B. Edlow, No. 26-cv-04850-CRB, enjoining two USCIS policy memoranda that had held certain benefit applications without final decision. The court also certified a class. USCIS published an alert describing the order and stating that the agency strongly disagrees with it while following its terms pending possible further judicial review.
Which USCIS policy memoranda did the court block?
The order enjoins Policy Memorandum PM-602-0192, issued December 2, 2025, and Policy Memorandum PM-602-0194, issued January 1, 2026. Together the two memoranda placed an adjudication hold on pending asylum applications and on benefit applications filed by individuals connected to countries designated under two presidential proclamations.
The memoranda were issued on the basis of Presidential Proclamation 10949 and Presidential Proclamation 10998. Those holds reached a wide range of filings rather than a single form type.
Who does the certified class cover?
The court certified a class of people who are citizens or natives of one or more of the 39 countries listed in Presidential Proclamations 10949 or 10998, or of the Palestinian Authority, and who either have a Form I-589 asylum application pending or otherwise have a benefit application pending with USCIS.
A further condition applies. The pending application must have been subject to the adjudication hold imposed by PM-602-0192 or PM-602-0194 and must not have received final adjudication as of the date of class certification. Class membership turns on those facts rather than on any step the applicant takes.
What does the order require USCIS to do?
USCIS is ordered to adjudicate applications in the normal course of its process. The agency stated in its alert that it strongly disagrees with the order and will follow its terms pending possible further judicial review. This order directs how cases move rather than how they are decided.
Adjudicating in the normal course returns a file to the queue it would have been in without the hold. It restores a process rather than producing a particular result. For a family green card petition or any other held filing, the practical change is that the case moves again.
What does the order mean for a case that is still pending?
The order removes the hold as a reason for inaction and returns the case to ordinary processing. It does not decide the merits of any application. An application returned to the queue can be approved, denied, or issued a Request for Evidence on the same standards that would apply to any other filing.
Two limits are worth understanding. A preliminary injunction is an interim measure entered before final judgment, and it can be modified, stayed, or set aside as a case proceeds. USCIS has said it may seek further judicial review. The order also addresses the holds and nothing else, so every other rule governing an adjustment of status filing continues to apply, including the evidentiary standards USCIS revised in August 2026.
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Our practice includes:
- Employment-Based Green Cards — EB-1, EB-2, and EB-3 petitions for professionals and the employers who sponsor them
- Naturalization — Form N-400 applications, eligibility review, and interview preparation
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Frequently Asked Questions
Does the order guarantee approval of a pending application?
No. The order addresses whether USCIS may hold an application without deciding it. The agency applies the same eligibility standards it would apply to any filing, and an application returned to normal processing may be approved or denied on its merits.
Is the injunction permanent?
No. A preliminary injunction is an interim order entered before final judgment in a case that remains active. It can be modified, stayed, or set aside as the litigation proceeds, and USCIS has stated that it may seek further judicial review.
Does a class member need to file anything to be covered?
Class membership is defined by the facts of a person’s nationality and pending application rather than by any filing or registration step. The certified definition turns on whether an application was subject to the hold and had not received final adjudication.
What did PM-602-0192 and PM-602-0194 do?
PM-602-0192, issued December 2, 2025, placed a hold on pending asylum applications and on benefit requests from individuals connected to countries under Presidential Proclamation 10949. PM-602-0194, issued January 1, 2026, extended that hold to countries designated under Presidential Proclamation 10998.
Has USCIS said whether it will appeal?
The USCIS alert states that the agency strongly disagrees with the order and will follow its terms pending possible further judicial review. That language points to the possibility of an appeal without confirming one. The case itself remained active in the district court through early September 2026.
About the Author
Michelle Weltz is the founder of MW Law LLC, a boutique immigration firm at 680 N Lake Shore Drive in Chicago. She is a 2024-2025 Lawyers of Distinction honoree and a multi-state licensed immigration attorney serving multinational corporations, high-growth startups, and individual entrepreneurs establishing a U.S. presence.
Every client works directly with Michelle, who leads all strategy, filings, and communications. She volunteers with Centro Romero, a Chicago nonprofit serving immigrant and refugee communities. Learn more about Michelle Weltz and MW Law’s approach. Contact her at contact@mwlawllc.com or (312) 909-8253.
Sources
Red Eagle Law, L.C., et al. v. Joseph B. Edlow, No. 26-cv-04850-CRB (N.D. Cal. Aug. 24, 2026) (order granting class certification and preliminary injunction); court records; USCIS, “Recent Court Order on Hold Policies” (alert); USCIS Policy Memorandum PM-602-0192 (Dec. 2, 2025); USCIS Policy Memorandum PM-602-0194 (Jan. 1, 2026); Presidential Proclamation 10949; Presidential Proclamation 10998.
This article is general information about U.S. immigration law and is not legal advice. Immigration law and policy change frequently — this article is current as of the date shown and may not reflect later developments. Reading it does not create an attorney-client relationship. Consult a licensed immigration attorney about your specific situation.