United States First Circuit

In a civil action resulting from the denial of a petition for renewal of a nonimmigrant specialty occupation visa, summary judgment for the government is affirmed over plaintiff's arguments that: 1) a restaurant manager position qualifies as a specialty occupation and the CIS, in failing to reach this conclusion, acted arbitrarily; 2) the marriage fraud bar does not apply in cases involving nonimmigrant visas; and 3) the government forfeited any right to deny the visa based on specialty occupation or marriage fraud by approving the original visa petition.

Appellate Information

• Decided 04/27/2007
• Published 04/27/2007

Judges

• SELYA, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Patrick D. O'Neill, with whom O'Neill & Gilmore, P.S.C. was on brief, for appellants.


• For Appellees:
  
• Sheldon Gisser, Office of Chief Counsel, United States Citizenship and Immigration Services, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney (Chief, Appellate Division), and Mariana E. Bauzá-Almonte, Assistant United States Attorney, were on brief, for appellees.