Louisiana Philharmonic Orchestra v. Immigration & Naturalization Service

ORDER AND REASONS

FALLON, District Judge.

Before the Court are two motions: 1) motion of plaintiff Louisiana Philharmonic Orchestra (“the Orchestra”) for summary judgment; and 2) cross-motion of defendant Immigration and Naturalization Service (“INS”) for summary judgment, seeking dismissal of plaintiffs appeal. For the following reasons, the Orchestra’s motion. is hereby GRANTED, the INS motion is DENIED, and the case is REMANDED to the Administrative Appeals Unit of the INS for further proceedings consistent with this opinion.

I. BACKGROUND

On November 27, 1995, the Orchestra filed a form…