Pritpal Singh Mann v. Gerard Heinauer, Alejandro Mayorkas, U.S. Citizenship and Immigration Services, Janet Napolitano, Eric H. Holder Jr.
Published: Nov. 29, 2014 | Result Date: Jul. 3, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-00703-GEB-EFB Summary Judgment – Defense in part
Facts
Pritpal Mann sued Gerard Heinauer, Alejandro Mayorkas, Janet Napolitano, and Eric Holder, concerning an immigration matter.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he applied for asylum on Sept. 16, 1991, which the government opposed. It then instituted removal proceedings against him. While the immigration judge held that the record did not support that he was a danger to the U.S., and was therefore not subject to the mandatory bar to the asylum, it nevertheless denied his application for asylum because he failed to adequately demonstrate fear of persecution. However, the Board of Immigration Appeals subsequently overturned the immigration judge's decision and granted him asylum. Later, when he applied for adjustment of status as a permanent resident, the U.S. Citizenship and Immigration Services denied his application finding him inadmissible because he provided support to the terrorist organization, Babbar Khalsa.
Plaintiff argued that the doctrine of issue preclusion precluded the USCIS from re-litigating the issue of his admissibility based on his alleged support of Babbar Khalsa. Plaintiff moved for summary judgment.
DEFENDANTS' CONTENTIONS:
The government argued that the issue preclusion doctrine did not apply to the USCIS, and therefore was not barred from considering plaintiff's support of the terrorist organization in determining his admissibility. Defendants likewise moved for summary judgment.
Result
The court denied Mann's motion for partial summary judgment, and granted the government's cross-motion for partial summary judgment. Ultimately, the parties agreed to dismiss Mann's remaining claim with prejudice.
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