Ng Fun Yin v. Esperdy

CASHIN, District Judge.

■This is an action under Section 10 of the Administrative Procedure Act (5 U.S.C.A. § 1009) and the Declaratory Judgment Act (28 U.S.C. § 2201) for a judgment declaring invalid a decision of the Attorney General denying plaintiff’s petition for a non-quota immigrant status on behalf of his adopted son under the provisions of the Immigration and Nationality Act of 1952 (8 U.S.C.A. § 1329).

Plaintiff, contending that there are no material issues of fact in dispute, moves for summary judgment. Defendant agrees that there are no issues of fact but, in the affidavit submitted…