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Wed, Jun 08, 2011 The Immigration and Nationality Act was amended in 1999 to make it easier for noncitizen physicians practicing medicine in medically underserved U.S. communities to become permanent residents. Regulations adopted by the immigration agency to implement the statute made the process more burdensome by requiring eligible foreign physicians to satisfy additional requirements not authorized by Congress. The LAC successfully urged the Ninth Circuit to strike down these regulations.
CASES
Schneider v. Chertoff, No. 04-55689 (9th Circuit amicus brief filed Feb. 22, 2005). The Ninth Circuit issued a precedent decision [1] which struck down the regulations as violating the statute. Schneider v. Chertoff, 450 F.3d 944 (9th Cir. 2006).