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Keywords

motionsummary judgmentburden of proofvisanaturalizationrespondentmotion for summary judgment
motionsummary judgmentvisanaturalizationrespondentmotion for summary judgment

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Tang v. Immigration and Naturalization Service

Facts

Petitioner Tang, a native of Hong Kong, applied for a third preference classification visa on the basis of his claim to be an electronics engineer. His application was denied by the INS District Director and affirmed by the Regional Commissioner. Tang had obtained a Bachelor of Science degree in electronic engineering from Pacific States University, which is not an accredited institution. The court noted that the university's degrees were not recognized by major institutions and that the school had a caveat indicating its unaccredited status. Despite being registered as an engineer-in-training in California and having some employment experience, the court found that Tang did not meet the qualifications for the visa he sought.

The facts of the case are few and undisputed. Petitioner who is now 31 years old was admitted to the United States in 1959 on a student visa. After attending three other colleges, he enrolled at Pacific States University in the fall of 1964 and received the degree of Bachelor of Science in electronic engineering from that school on September 8, 1967. Pacific States University is a privately-owned institution having an average annual enrollment of 200 students. It is not an accredited institution. Its degrees and its credits are not recognized or accepted by either the University of Southern California or the University of California at Los Angeles, the two major institutions in this area.

Issue

Did the Immigration and Naturalization Service abuse its discretion in denying Tang's application for a third preference classification visa based on his degree from an unaccredited institution?

Did the Immigration and Naturalization Service abuse its discretion in denying Tang's application for a third preference classification visa based on his degree from an unaccredited institution?

Rule

The court applied the standard that an administrative decision should be reversed if it is found that the agency has abused its discretion or made an error of law. The burden of proof lies with the applicant to establish eligibility for the visa.

The court applied the standard that an administrative decision should be reversed if it is found that the agency has abused its discretion or made an error of law.

Analysis

The court analyzed whether the INS's decision was supported by substantial evidence and whether it constituted an abuse of discretion. It concluded that the INS's determination that Tang's degree from a nonaccredited institution did not provide him with the necessary qualifications for a professional electronic engineer was reasonable. The court emphasized that Tang had not demonstrated that he had the equivalent of a degree from an accredited institution or sufficient experience to qualify for the visa.

The court analyzed whether the INS's decision was supported by substantial evidence and whether it constituted an abuse of discretion. It concluded that the INS's determination that Tang's degree from a nonaccredited institution did not provide him with the necessary qualifications for a professional electronic engineer was reasonable.

Conclusion

The court granted the respondent's motion for summary judgment, affirming the INS's decision to deny Tang's application for a third preference classification visa.

The court granted the respondent's motion for summary judgment because the Immigration and Naturalization Service did not abuse its discretion in ruling that petitioner's attainment of a degree from an unaccredited institution did not provide him with the background to establish his eligibility for a preference classification visa.

Who won?

The Immigration and Naturalization Service prevailed in the case because the court found that it did not abuse its discretion in denying Tang's application based on his educational background.

The court granted respondent's motion for summary judgment because the Immigration and Naturalization Service did not abuse its discretion in ruling that petitioner's attainment of a degree from an unaccredited institution did not provide him with the background to establish his eligibility for a preference classification visa.

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