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.
Argued and Submitted December 9, 2008
Filed September 4, 2009
Opinion by Judge Nelson
Dissent by Judge Pregerson
Craig W. Kuhn, Office of Immigration Litigation, Department of Justice, Washington DC
Elizabeth J. Stevens, Office of Immigration Litigation, Department of Justice, Washington DC