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Immigration Law

EB-1 Extraordinary Ability Victory: Berardo v. USCIS

Berardo v. USCIS

"[T]he Court finds that USCIS’s evaluation of the evidence here was arbitrary and capricious, an abuse of discretion, and not in accordance with the law. From the initial denial to the final denial, the outcome of Berardo’s petition appears to have been preordained, and the final denial does not reflect a serious evaluation of Berardo’s evidence of extraordinary ability in the field of stop-motion animation. The Court agrees that Berardo did not receive a fair adjudication here. ... For the reasons set forth above, the Court GRANTS Berardo’s Amended Motion for Summary Judgment (ECF No. 20), DENIES Defendants’ Motion for Summary Judgment (ECF No. 28), and DENIES AS MOOT Berardo’s (Original) Motion for Summary Judgment (ECF No. 17). The Court REMANDS this case for further administrative proceedings in accordance with the Court’s findings, and the undersigned retains jurisdiction for any further appeals."

[Hats off to Brent Renison!]