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Chiang v. Skeirik, No. 08-2105

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By FindLaw Staff on September 28, 2009 4:25 PM

District court's dismissal of plaintiff's amended complaint arising from denial of his petition for a fiancee visa is affirmed where: 1) district court did not err in dismissing plaintiff's claim that his visa was improperly denied as he has failed to state a plausible entitlement to relief; 2) district court did not err in dismissing plaintiff's Bivens claims as he failed to name any officers in their individual capacities in the first amended complaint and a Bivens claim does not lie against the United States; and 3) district court did not abuse its discretion in denying plaintiff's motion to file a second amended complaint as it would have been futile.   

Read Chiang v. Skeirik, No. 08-2105 

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided September 28, 2009

Judges

Before:  Boudin, Seyla, and Dyk, Circuit Judges 

Opinion by  Dyk, Circuit Judge

Counsel

For Appellant:  Dean Carnahan

For Appellee:  Anton P. Giedt, Assistant United States Attorney, Michael J. Sullivan, United States Attorney

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