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Keywords

appealmotionsummary judgmentmotion for summary judgment
plaintiffmotionsummary judgmentvisamotion for summary judgment

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Eguchi v. Kelly

Facts

Marco Eguchi, a Brazilian citizen and professional bull rider, filed a Form I-140 Immigrant Petition for Alien Worker with CIS, claiming he qualified as an alien of extraordinary ability. After CIS issued a Request for Evidence and subsequently denied his petition, Eguchi appealed to the Administrative Appeals Office, which upheld the denial. Eguchi then brought this action against CIS, arguing that the denial was arbitrary and capricious.

Eguchi is a Brazilian citizen and professional bull rider. Since 2012 Eguchi has competed full-time in the United States with Professional Bull Riders ('PBR'), the world's premier bull riding association. In 2015 Eguchi filed with CIS a Form I-140 Immigrant Petition for Alien Worker and a Form I-485 Application to Adjust Status, seeking relief on the basis that he qualifies as an alien of extraordinary ability who warrants preferential treatment in visa issuance.

Issue

Whether CIS's denial of Eguchi's I-140 petition was arbitrary, capricious, or otherwise not in accordance with law.

Eguchi contends that, as a matter of law, CIS's denial of his I-140 petition was arbitrary, capricious, or otherwise not in accordance with the law.

Rule

The court reviews CIS decisions under 706(2)(A) of the Administrative Procedure Act, which allows for overturning an agency decision if it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

The court reviews CIS decisions under 706(2)(A) of the Administrative Procedure Act, 5 U.S.C. 706(2)(A). 'An agency decision can be overturned only if a plaintiff can demonstrate that the decision was 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.'

Analysis

The court determined that CIS's reasoning for denying Eguchi's petition conflated the procedural question of evidence submission with the substantive question of whether he had extraordinary ability. The court found that Eguchi had provided sufficient evidence to meet the criteria for extraordinary ability, and CIS's failure to recognize this constituted an arbitrary and capricious decision.

The court concludes that Eguchi has established that CIS's denial of his visa petition was arbitrary or capricious as a matter of law.

Conclusion

The court granted Eguchi's motion for summary judgment, denied CIS's motion, and remanded the case for further proceedings consistent with the opinion.

The court granted Eguchi's motion for summary judgment, denied CIS's motion, and remanded this matter to CIS for further proceedings consistent with this memorandum opinion and order.

Who won?

Marco Eguchi prevailed in the case because the court found that CIS's denial of his petition was arbitrary and capricious, failing to properly evaluate the evidence he submitted.

Marco Eguchi prevailed in the case because the court found that CIS's denial of his petition was arbitrary and capricious, failing to properly evaluate the evidence he submitted.

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