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Kazarian v. US Citizenship & Immigration Servs., No. 07-56774

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By FindLaw Staff on September 04, 2009 4:27 PM

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

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