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Immigration

Jul 27, 2023

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[...]

Jul 4, 2023

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 […]

Jun 1, 2023

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 […]

May 23, 2023

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 […]

May 23, 2023

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. […]

Mar 7, 2023

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. […]

Mar 7, 2023

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 […]

Feb 17, 2023

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 […]

Feb 17, 2023

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 […]

Jan 12, 2023

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 […]

Dec 8, 2022

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 […]

Dec 5, 2022

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 […]

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