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Keywords

defendantattorneypleamotionregulationvisa
defendantattorneypleamotionregulationvisa

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Longwood Village Rest., Ltd. v. Ashcroft

Facts

The case involves Longwood Village Restaurant, which sought to hire Mr. Chang Lian Zeng, an immigrant who had previously been assigned a priority number for a job offer from Springfield Dunkin Donuts. After Mr. Zeng expressed his intention to work for Longwood instead, the INS revoked his priority number based on the withdrawal of the Dunkin Donuts job offer. Longwood filed the necessary paperwork to hire Mr. Zeng but was informed that his priority number had been revoked. The restaurant subsequently sued to have the priority number reinstated.

The case involves Longwood Village Restaurant, which sought to hire Mr. Chang Lian Zeng, an immigrant who had previously been assigned a priority number for a job offer from Springfield Dunkin Donuts. After Mr. Zeng expressed his intention to work for Longwood instead, the INS revoked his priority number based on the withdrawal of the Dunkin Donuts job offer. Longwood filed the necessary paperwork to hire Mr. Zeng but was informed that his priority number had been revoked. The restaurant subsequently sued to have the priority number reinstated.

Issue

Whether the defendants properly revoked the approved I-140 immigrant petition filed by Springfield Donuts on Mr. Zeng's behalf.

Whether the defendants properly revoked the approved I-140 immigrant petition filed by Springfield Donuts on Mr. Zeng's behalf.

Rule

The approval of a petition is revoked if a written notice of withdrawal is filed by the petitioner with an authorized officer of the Service, as per 8 C.F.R. 205.1(a).

The approval of a petition is revoked if a written notice of withdrawal is filed by the petitioner with an authorized officer of the Service, as per 8 C.F.R. 205.1(a).

Analysis

The court found that the defendants improperly revoked the I-140 immigrant petition because Springfield Donuts did not file a written notice of withdrawal as required by the regulations. The court determined that the letter from Mr. Zeng's counsel did not constitute a formal withdrawal of the petition, and thus the INS's action to revoke the priority date was not justified.

The court found that the defendants improperly revoked the I-140 immigrant petition because Springfield Donuts did not file a written notice of withdrawal as required by the regulations. The court determined that the letter from Mr. Zeng's counsel did not constitute a formal withdrawal of the petition, and thus the INS's action to revoke the priority date was not justified.

Conclusion

The court denied the attorney general's motions to dismiss and for judgment on the pleadings, ruling that the INS had improperly revoked the immigrant visa priority date and ordered it reinstated.

The court denied the attorney general's motions to dismiss and for judgment on the pleadings, ruling that the INS had improperly revoked the immigrant visa priority date and ordered it reinstated.

Who won?

Longwood Village Restaurant prevailed in the case because the court found that the INS had improperly revoked the immigrant visa priority date.

Longwood Village Restaurant prevailed in the case because the court found that the INS had improperly revoked the immigrant visa priority date.

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