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CA6 on Standing: Patel v. USCIS

October 11, 2013 (1 min read)

"Disembodied notions of statutory purpose cannot override what the statute actually says.  What § 1153(b)(3) says is that the alien, ultimately, is the one who is entitled to the employment visa.  The alien’s interest in receiving it is therefore within the zone of interests protected or regulated by the statute.  Patel has prudential standing to challenge the denial of his prospective employer’s petition for an employment visa. ... [T]he record reflects that Peshtal Inc.’s offer of employment to Patel remains open, and the government (to its credit) conceded during oral argument that CIS could grant Peshtal Inc.’s petition if (as Patel contends) the petition’s denial was arbitrary and capricious.  Patel thus has constitutional standing." - Patel v. USCIS, Oct. 11, 2013.  [Hats off to Michael E. Piston!]