Legal Opinion

Fingerson v. Department of Homeland Security

District Court, W.D. Kentucky

Decided July 26, 2016No. CIVIL ACTION NO. 3:14-CV-00782-TBRPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

Thomas B. Russell, Senior Judge, United States District Court

Brian E. Fingerson filed this action against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services,1 challenging USCIS’s denial of the Form 1-130, Petition for Alien Relative, he filed on behalf of Banele Gu-mede, his putative adopted son. USCIS erred, Fingerson argues, because the regulation upon which it relied to deny his petition, 8 C.F.R. § 204.2(d)(2)(vii), eon-fliets with 8 U.S.C. § 1101(b)(1). He seeks declaratory and injunctive relief under the Administrative Procedure Act,…

2Cases cited16 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  4. Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
  5. 16630 Southfield Ltd. Partnership v. Flagstar Bank, F.S.B.Court of Appeals for the Sixth Circuit · 2013

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3Cited by1 opinion

  1. Stoll III v. CowanDistrict Court, E.D. California · 2021

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