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Immigration
Administrative Procedures Act
Denial of U Visa Petition

Mariano Javier Bazaldua-Hernandez v. Leon Rodriguez, as Director, U.S. Citizenship and Immigration Services, Ron Rosenberg, as Chief, Administrative Appeals Office

Published: Dec. 3, 2016 | Result Date: Oct. 26, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 5:15-cv-01383-JGB-SP Summary Judgment –  Defense

Court

USDC Central


Attorneys

Plaintiff

Pro Per


Defendant

Benjamin C. Mizer

William C. Silvis
(U.S. Dept. of Justice)

Vinita B. Andrapalliyal

William C. Peachey
(U.S. Department of Justice)


Facts

Mariano Bazaldua-Hernandez filed an action under the Administrative Procedure Act challenging the actions of Leon Rodriguez, as Director, U.S. Citizenship and Immigration Services and Ron Rosenberg, as Chief of the Administrative Appeals Office.

Contentions

PLAINTIFF'S CONTENTIONS:
In 2012, plaintiff petitioned for a U Visa and met all requirements. Medical records showed that plaintiff suffered from mental distress resulting from an attempted murder on him. The Upland Police Dept. issued a law enforcement certification supporting plaintiff's U Visa petition. Plaintiff claimed that this support constituted prima facie evidence that his U Visa petition should be granted. Notwithstanding the law enforcement certification, defendant Rodriguez's office denied his petition and defendant Rosenberg's office subsequently denied plaintiff's appeal.

Plaintiff filed this instant action, seeking entry of judgment declaring defendants' actions arbitrary and capricious, an abuse of discretion, and contrary to law.

DEFENDANTS' CONTENTIONS:
Defendants moved for summary judgment, contending that the USCIS's decision was amply supported by the record.

Result

The district court granted defendants' motion for summary judgment.


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