Legal Opinion

David Parsons & Associates Inc. v. Ridge

Court of Appeals for the Ninth Circuit

Decided February 12, 2007No. 05-35279Published

1Opinion of the Court

MEMORANDUM ***

The agency did not abuse its discretion in denying the visa petition under the first three criteria set forth in 8 C.F.R. § 214.2(h)(4)(iii)(A). The agency provided legitimate reasons, and those reasons are supported by substantial evidence. But, the agency provided no explanation as to why the evidence was insufficient to qualify for an H-1B visa under the fourth criterion. Nor did the agency indicate what additional evidence would satisfy this criterion. The agency thus abused its discretion by failing to articulate specific and legitimate reasons for denying relief. See Earth…

2Cases cited3 opinions

  1. Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
  2. Earth Island Institute v. U.S. Forest ServiceCourt of Appeals for the Ninth Circuit · 2006
  3. Fred 26 Importers, Inc. v. United States Department of Homeland SecurityDistrict Court, C.D. California · 2006

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