In Archdiocese of Santa Fe v. Mullin, (D NM, June 2, 2026), a New Mexico federal district court issued a temporary restraining order ex parte staying the expiration of the F-1 student visa issued to Martin Umeatuegbu, a citizen of Nigeria who obtained an MA degree in Theology and then was granted temporary employment authorization as a Deacon in the Archdiocese of Santa Fe. That authorization expired on June 4, 2026. On December 31, 2025, the Archdiocese petitioned to sponsor Father Martin for an R-1 religious worker visa. However, on January 1, 2026, USCIS issued a new Policy Memorandum that placed on hold all applications for visa adjustments for foreign nationals of countries identified as “high risk” in two Proclamations that had been issued by President Trump. Nigeria was one of those high-risk countries. The court said in part:
… [T]he Archdiocese is likely to succeed on the merits under the Religious Freedom Restoration Act…. USCIS’s policy infringes on the Archdiocese’s right to select its minister of choice. USCIS’s indefinite hold on the adjudication of any visa status change petitions is “depriving the church of control over the selection of those who will personify its beliefs.” … USCIS’s action therefore “prevents participation in conduct motivated by a sincerely held religious belief,” and thus imposes a substantial burden on the Archdiocese’s sincere religious exercise….
Moreover, the Government is unlikely to demonstrate that the policy is the least restrictive means of furthering a compelling governmental interest. The Government’s interest in restricting the entry of noncitizens from “high risk” countries and imposing stricter screening processes for resident noncitizens is likely a compelling government interest. However, USCIS has already lifted its adjudicative holds on certain categories of petitions…. So, USCIS’s policy is likely not the least restrictive means of implementing more robust screening processes for visa status change applications….
… [T]he Court orders a stay on the expiration of Father Martin’s F-1 visa and OPT employment authorization, which preserves Father Martin’s legal status and permits him to continue working until the Government responds to Plaintiffs’ motion for a preliminary injunction….