Cynthia Asuncion v. District Director of the United States Immigration and Naturalization Service

TRASK, Circuit Judge.

Cynthia Asuncion appeals from the District Court’s granting of the Immigration and Naturalization Service's motion for a summary judgment on her petition for judicial review of the Service’s denial of a preference visa. The District Court had jurisdiction under the Declaratory Judgment Act, 28 U.S.C. § 2201, and the Administrative Procedure Act, 5 U.S.C. § 701 et seq.

Miss Asuncion, a native and citizen of the Philippines, attended college for two to three years in the Philippines, receiving an associate in arts degree in homemaking in 1964 and a kindergarten-primary…