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