Black Construction Corporation v. Immigration and Naturalization Service

Black Construction Company (“Black Construction” or the “Company”) and eighty-five alien employees of the Company appeal from a grant of summary judgment in favor of the Immigration and Naturalization Service (“INS”). Black Construction argues: (1) the INS abused its discretion in denying issuance of sixth preference visa petitions to the plaintiff employees; (2) the INS’ action denying issuance of sixth preference visa petitions was barred by the doctrine of collateral estoppel; and (3) the district court erred in excluding from consideration the affidavits and testimony offered by the…