In an action claiming that the United States Citizenship and Immigration Service's denial to plaintiff of an "extraordinary ability" visa was arbitrary and capricious, summary judgment for defendant is affirmed where: 1) plaintiff's internal review of students' work failed to establish sustained national or international acclaim; 2) there was no evidence that plaintiff's textbook had been adopted by any schools; 3) there was no evidence in the record that plaintiff's scholarship was cited by others; and 4) lectures and conference presentations are not "artistic exhibitions or showcases" under 8 C.F.R. section 204.5.
Read Kazarian v. US Citizenship & Immigration Servs., No. 07-56774
Appellate Information
Argued and Submitted December 9, 2008
Filed September 4, 2009
Judges
Opinion by Judge Nelson
Dissent by Judge Pregerson
Counsel
For Appellant:
Ruben N. Sarkisian, Glendale, CA
For Appellee:
Craig W. Kuhn, Office of Immigration Litigation, Department of Justice, Washington DC
Elizabeth J. Stevens, Office of Immigration Litigation, Department of Justice, Washington DC
ShareThis
