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Desai v. U.S. Citizenship & Immigration Servs.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Jul 24, 2015
Case No.: SACV 14-593 DSF (JPRx) (C.D. Cal. Jul. 24, 2015)

Summary

In Desai v. U.S. Citizenship & Immigration Servs., Case No. 14-593 DSF, Dkt. No. 40 (C.D. Cal., filed July 24, 2015), the court found while that "[t]he language of § 1154(l) does not provide explicit statutory authority for denials of petitions on behalf of relatives of citizens who die while the petition is pending[,].... by creating an exception to that rule, it shows a clear Congressional understanding of and intent to adopt the long-standing practice of the immigration agencies."

Summary of this case from Wenmin Ma v. Uscis Dir.

Opinion

Case No.: SACV 14-593 DSF (JPRx)

07-24-2015

CHIRAGKUMAR DESAI, Plaintiff, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendant.


JUDGMENT

The Court having granted the defendant's motion for summary judgment and denied the plaintiff's motion for summary judgment,

IT IS ORDERED AND ADJUDGED that the plaintiff take nothing, that the action be dismissed with prejudice, and that defendant recover its costs of suit pursuant to a bill of costs filed in accordance with 28 U.S.C. § 1920. Dated: 7/24/15

/s/_________

Dale S. Fischer

United States District Judge


Summaries of

Desai v. U.S. Citizenship & Immigration Servs.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Jul 24, 2015
Case No.: SACV 14-593 DSF (JPRx) (C.D. Cal. Jul. 24, 2015)

In Desai v. U.S. Citizenship & Immigration Servs., Case No. 14-593 DSF, Dkt. No. 40 (C.D. Cal., filed July 24, 2015), the court found while that "[t]he language of § 1154(l) does not provide explicit statutory authority for denials of petitions on behalf of relatives of citizens who die while the petition is pending[,].... by creating an exception to that rule, it shows a clear Congressional understanding of and intent to adopt the long-standing practice of the immigration agencies."

Summary of this case from Wenmin Ma v. Uscis Dir.
Case details for

Desai v. U.S. Citizenship & Immigration Servs.

Case Details

Full title:CHIRAGKUMAR DESAI, Plaintiff, v. UNITED STATES CITIZENSHIP AND IMMIGRATION…

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Jul 24, 2015

Citations

Case No.: SACV 14-593 DSF (JPRx) (C.D. Cal. Jul. 24, 2015)

Citing Cases

Sakoo v. U.S. Citizenship & Immigration Servs.

Notably, courts repeatedly uphold the validity of the Secretary's revocation of visa petitions upon the death…

Wenmin Ma v. Uscis Dir.

The only other court that has confronted this issue arrived at the same conclusion. In Desai v. U.S.…