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Keywords

plaintiffappealmotionsummary judgmentvisamotion for summary judgment
plaintiffdefendantmotionsummary judgmentdiscriminationvisamotion for summary judgment

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Grimson v. Immigration and Naturalization Service

Facts

The plaintiff, Allan Stuart Grimson, is a professional hockey player who has played in the NHL since the 1989 season. He filed a visa petition seeking classification as a priority worker of extraordinary ability, which was denied by the INS. After appealing and undergoing multiple remands for further evidentiary proceedings, the court directed the INS to consider evidence regarding the necessity of a player with his abilities and to compare his skills and salary to those of comparable players. The INS ultimately rejected the player's evidence, leading to the current action.

Plaintiff is a professional hockey player. He has played in the 'professional leagues' since the 1982-83 season … Plaintiff initially filed a visa petition with defendant INS on January 20, 1993, seeking classification as a priority worker of extraordinary ability pursuant to 8 U.S.C. 1153(b)(1)(A).

Issue

Did the INS abuse its discretion in denying the plaintiff's visa petition for classification as a priority worker of extraordinary ability?

Did the INS abuse its discretion in denying the plaintiff's visa petition for classification as a priority worker of extraordinary ability?

Rule

The court applied the standard of review for abuse of discretion, which requires that the decision must be upheld unless it was made without a rational explanation or rests on an impermissible basis.

The decision must be upheld unless it was made without a rational explanation, inexplicably departs from established policies, or rests on an impermissible basis such as invidious discrimination against a particular race or group.

Analysis

The court found that the INS's rejection of the player's evidence was an abuse of discretion, as the INS failed to provide a rational explanation for its decision. The court noted that the evidence presented by the player demonstrated that he was among the top enforcers in the NHL and that his role was necessary for the success of his team. The court concluded that the INS's findings lacked substantial evidence.

It is apparent to this court that at the heart of defendant's refusal to grant plaintiff a visa (as it has to other comparable NHL players) is its distaste for the role he plays on a hockey team. … The decision to simply ignore this evidence was an abuse of discretion.

Conclusion

The court granted the plaintiff's motion for summary judgment, denied the INS's cross-motion, and ordered the INS to issue the visa the player sought.

For the reasons set forth above, plaintiff's motion for summary judgment is granted, defendant's cross-motion is denied and defendant is ordered to issue a visa to plaintiff.

Who won?

The plaintiff, Allan Stuart Grimson, prevailed in the case because the court found that the INS's denial of his visa petition was without rational explanation and lacked substantial evidence.

The court concludes that the decision to reject plaintiff's role and unquestioned ability as an enforcer was without rational explanation, and that there was not substantial evidence for the factual finding that plaintiff is not at the top of his field of endeavor.

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