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Immigration Law

'Extraordinary Ability' I-140 Remand for Brazilian Bull Rider: Eguchi v. Kelly

Eguchi v. Kelly, June 23, 2017 - "Because the court concludes that CIS’s decision was arbitrary or capricious with respect to at least three criteria, it need not analyze whether the decision as to the Membership Criterion was also arbitrary or capricious.

CIS determined that Eguchi did not submit sufficient evidence at step one, and it therefore declined to engage in the final merits determination at step two. Because CIS’s decision is arbitrary or capricious, the court remands this matter to CIS for further proceedings consistent with this memorandum opinion and order."

[Hats off to David Swaim!]