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Daughter’s suit to force action on dad’s visa app dismissed
Where a daughter sought to force the federal government to act on her father’s visa application, her suit was dismissed. The consular non-reviewability doctrine requires judicial deference to executive decisions to exclude non-citizens. Background Osai Yousufzai alleges that defendants Merrick Garland, Secretary Antony Blinken, Donald Blume (the U.S. Ambassador to Pakistan) and the unnamed Direc[...]
Immigration judge applied incorrect standard
Where an immigration judge focused the analysis on the reasons why a gang in El Salvador threatened and persecuted the petitioner’s family, rather than on the reasons why the gang threatened the petitioner himself, it erred. Background Marvin A.G. seeks review of an order of the Board of Immigration Appeals, or BIA, denying his motion […]
Applicant can’t force AG to act on hardship waiver
Where a man sought a writ of mandamus requiring the Attorney General to act on his April 2022 application for a hardship waiver, but the statute prohibits judicial review of a hardship waiver determination, the suit was dismissed. Background Bethney Lovo is a United States citizen. She is married to Humberto Lovo. Mr. Lovo is […]
Naturalization application doomed by false information
Where a woman admitted that she provided false information in her tourist visa application, and her misrepresentations were material, her lawsuit seeking judicial review of the denial of her naturalization application was dismissed. Background Cai Zhao filed a complaint seeking judicial review of the denial of her naturalization application. Defendants have filed a motion to […]
Naturalization petition denied due to material omission
Where a man failed to disclose on an immigration application that he had four children, and that information was material and relevant to immigration authorities, the United States Citizenship and Immigration Services, or USCIS, did not err in denying his naturalization petition. Background Abdulrahman Kanu filed a complaint appealing the denial of his naturalization petition. […]
Chinese executive denied immigration petition
Where the wholly-owned subsidiary of a China-based company petitioned to permanently employ foreign citizen as a general manger, but the statute required a detailed list of the job-related tasks that the man has performed or will perform, and the submission here was “filled with fluffy descriptions devoid of any real substance,” the petition was denied. […]
Denial of applications not arbitrary, capricious
Where an applicant alleged the United States Citizenship and Immigration Services, or USCIS, was arbitrary and capricious when it allegedly delayed and ultimately denied her applications, the agency was granted summary judgment. Its decisions bore a “rational connection” to the facts found in the administrative record. Background This case involves the adjudication by USCIS of […]
Removed man seeks readmission to US
Where the petitioner was deported in 2006 because he allegedly committed an aggravated felony, but the Supreme Court held in 2018 that the type of offense he committed no longer qualified as an aggravated felony, and the petitioner moved to reconsider his original removal order in 2019, he acted with sufficient diligence as to overcome […]
Virginia recognizes Ghanaian ‘customary law’ divorce
Where two citizens of Ghana were divorced pursuant to Ghanaian customary law, Virginia would recognize that divorce, although neither person was present nor domiciled in Ghana at the time. Background Barbara Boateng and Kingsley Kwame Gyasi — both Ghanaian citizens — divorced pursuant to Ghanaian customary law. At the time of the divorce, neither Boateng […]
Cancellation of removal doomed by conviction
Where the Board of Immigration Appeals determined a native and citizen of Mexico was ineligible for cancelling his removal because he had been convicted of identity theft under Virginia law, and that was a crime of moral turpitude, it did not err. The statute explicitly requires an “intent to defraud,” and crimes that require intent […]
Spouse’s conduct dooms bid for permanent residence
Where a nonresident applied for conditional permanent residence in the United States, and submitted an affidavit of support from her spouse as required by the regulations, but the spouse then withdrew the affidavit, the Board of Immigration Appeals did not err when it denied the application. While the applicant argued it was unfair for petitioning […]
Removed man seeks readmission to US
Where the petitioner was deported in 2006 because he allegedly committed an aggravated felony, but the Supreme Court held in 2018 that the type of offense he committed no longer qualified as an aggravated felony, and the petitioner moved to reconsider his original removal order in 2019, he acted with sufficient diligence as to overcome […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
