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Defendant's Attorney: Aysha Igbal
Description: San Francisco, California immigration lawyer represented Plaintiffs challenging removal from the United States.
The United States Citizenship and Immigration Service (“USCIS”) found Plaintiff Luis Alberto Gomez Rosario (“Gomez”) ineligible for U nonimmigrant status under 8 U.S.C. § 1101(a)(15(U)(iii). Mr. Gomez and his wife, Juana Maria Olivares Angel (“Angel”), filed this action under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq., seeking to reverse USCIS's decision and remand the matter to USCIS for further consideration. (Dkt. No. 1.) Defendants Alejandro Mayorkas, Susan Dibbins, and Loren K. Miller moved to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 12.) In the alternative, Defendants moved for summary judgment affirming the USCIS decision. (Id.) Plaintiffs opposed Defendants' motions and made a cross-motion for summary judgment based on the administrative record. (Dkt. No. 13.) The Court held a hearing on the motions on June 23, 2022.
Outcome: After carefully considering the briefing and oral argument, the Court GRANTS Plaintiffs' Motion and DENIES Defendants' Motions.
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