ATTIAS v. DUKE, CV 15-7942-GW(JPRx). (2017)
Court: District Court, C.D. California
Number: infdco20171005d61
Visitors: 8
Filed: Oct. 03, 2017
Latest Update: Oct. 03, 2017
Summary: ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Agency File No. A096-812-660 GEORGE H. WU , District Judge . Having considered the Plaintiff's Motion for Summary Judgment, the Court finds as follows: 1. The USCIS's decision to revoke the petition, to the extent that it was based on a finding that Plaintiff's marriage to Smith was a sham, is arbitrary and capricious and is reversed. 2. The USCIS's revocation of Allen's I-130 petition based wholly on the fact Plaintiff and Allen lived se
Summary: ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Agency File No. A096-812-660 GEORGE H. WU , District Judge . Having considered the Plaintiff's Motion for Summary Judgment, the Court finds as follows: 1. The USCIS's decision to revoke the petition, to the extent that it was based on a finding that Plaintiff's marriage to Smith was a sham, is arbitrary and capricious and is reversed. 2. The USCIS's revocation of Allen's I-130 petition based wholly on the fact Plaintiff and Allen lived sep..
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ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Agency File No. A096-812-660
GEORGE H. WU, District Judge.
Having considered the Plaintiff's Motion for Summary Judgment, the Court finds as follows:
1. The USCIS's decision to revoke the petition, to the extent that it was based on a finding that Plaintiff's marriage to Smith was a sham, is arbitrary and capricious and is reversed.
2. The USCIS's revocation of Allen's I-130 petition based wholly on the fact Plaintiff and Allen lived separately for part of their marriage was arbitrary and capricious. Such evidence is not probative and substantial evidence of marriage fraud, and even if it were, the rest of the evidence on the record proves the marriage was bona fide under the higher clear and convincing standard.
Given the above findings, the Court hereby ORDERS the following:
1. The Court grants Plaintiff's motion for summary judgment for his Administrative Procedures Act challenge to the USCIS's January 6, 2016 decision to revoke Allen's I-130 Petition.
2. The Court hereby reverses the USCIS's January 6, 2016 decision and reinstates Allen's I-130 Petition.
IT IS SO ORDERED.
FootNotes
* Elaine Duke is substituted for her predecessors, John F. Kelly, and Jeh Johnson pursuant to Fed. R. Civ. P. 25(d)
Source: Leagle
