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Keywords

plaintiffdefendantappealmotionregulationcitizenshipmotion to dismiss
plaintiffdefendantstatuteappealmotioncitizenshipmotion to dismiss

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Lancesoft v. United States Citizenship & Immigration Servs

Facts

LanceSoft filed a Form I-140 Immigration Petition for Alien Worker on December 8, 2006, to classify Mulla as a skilled worker. After receiving a Notice of Intent to Deny and failing to respond, USCIS denied the petition on grounds of abandonment. LanceSoft subsequently filed a Form I-290B, which it marked as both a motion to reopen and an appeal. However, the Director of USCIS denied the appeal, stating that the petition could not be appealed due to abandonment.

LanceSoft filed a Form I-140 Immigration Petition for Alien Worker on December 8, 2006, to classify Mulla as a skilled worker. After receiving a Notice of Intent to Deny and failing to respond, USCIS denied the petition on grounds of abandonment. LanceSoft subsequently filed a Form I-290B, which it marked as both a motion to reopen and an appeal. However, the Director of USCIS denied the appeal, stating that the petition could not be appealed due to abandonment.

Issue

Did USCIS have a duty to treat the Form I-290B as a motion to reopen, and did the plaintiffs suffer prejudice from the failure to do so?

Did USCIS have a duty to treat the Form I-290B as a motion to reopen, and did the plaintiffs suffer prejudice from the failure to do so?

Rule

USCIS regulations require that a motion to reopen must state new facts and be accompanied by evidence that the denial was in error. The court must find that the agency had a nondiscretionary duty to act in order to compel action under the Mandamus Act or the APA.

In order to compel action under either statute, the Court must find that defendant owed plaintiffs a nondiscretionary or ministerial duty to act.

Analysis

The court found that USCIS did not have a nondiscretionary duty to treat the Form I-290B as a motion to reopen because the plaintiffs failed to provide the necessary evidence required for such a motion. Furthermore, the court noted that the plaintiffs were not prejudiced by the agency's actions since their submission would not have satisfied the requirements for a motion to reopen.

The court found that USCIS did not have a nondiscretionary duty to treat the Form I-290B as a motion to reopen because the plaintiffs failed to provide the necessary evidence required for such a motion. Furthermore, the court noted that the plaintiffs were not prejudiced by the agency's actions since their submission would not have satisfied the requirements for a motion to reopen.

Conclusion

The court granted the defendant's motion to dismiss, concluding that the plaintiffs failed to state a claim under the Mandamus Act and the APA.

The court granted the defendant's motion to dismiss, concluding that the plaintiffs failed to state a claim under the Mandamus Act and the APA.

Who won?

United States Citizenship and Immigration Services (USCIS) prevailed because the court found that it did not have a duty to treat the Form I-290B as a motion to reopen and that the plaintiffs were not prejudiced by the agency's actions.

United States Citizenship and Immigration Services (USCIS) prevailed because the court found that it did not have a duty to treat the Form I-290B as a motion to reopen and that the plaintiffs were not prejudiced by the agency's actions.

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