United States Ninth Circuit

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Hsiao v. Hazuda, 15-55676

Affirming the district court's grant of summary judgment in favor of the US Citizenship and Immigration Service in an action challenging the denial of an application to adjust status in a case where a Chinese national claimed grandfathering under 8 U.S.C. ยง 1255, but the panel held that in determining whether the visa petition upon which grandfathering is predicated is meritorious in fact a denial on the merits is considered dispositive and not the result of changed circumstances after the time of filing.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/09/01




  • United States Ninth Circuit


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