Teresita Ching v. Alejandro Mayorkas

OPINION

THOMAS, Circuit Judge:

Teresita Ching and her husband, Brooke Joseph, claim that their procedural due process rights and their rights under the Administrative Procedure Act (“APA”) were violated during the adjudication of Joseph’s 1-130 visa petition for an immediate relative. Under the circumstances of this case, we conclude that their rights under the APA were not violated, but their procedural due process rights were. We affirm in part and reverse in part.

I

Teresita Ching, a native of China and citizen of the Philippines, lawfully entered the United States on November 5, 2004 as a…