K.R.K. Irvine, Inc., and Jorge Torres v. Michael Landon, District Director, and Immigration and Naturalization Service

Jorge Torres and K.R.K. Irvine, Inc. (appellants) appeal the district court’s denial of their motion for a preliminary injunction. Appellants seek to enjoin the Immigration and Naturalization Service (INS) from deporting Torres pending the result of an action in which appellants have challenged the INS’s denial of their application for a sixth preference visa for Torres. The district court, adopting a report and recommendation prepared by a federal magistrate, ruled that appellants were not entitled to a preliminary injunction because they failed to demonstrate probable success on the merits…