United States First Circuit
River Street Donuts LLC v. Napolitano, 07-2504
District Court's order affirming an Administrative Appeals Office and Bureau of Citizenship and Immigration Services' denial of an employment based visa petition is affirmed where: 1) plaintiff waived its claim for remand on the issue of AAO's alleged failure to address material evidence because it failed to properly raise and argue this issue in district court; and 2) the AAO did not abuse its discretion by not adding depreciation to net income when determining plaintiff's capacity to assume the worker's wage as it had a rational reason for its policy that it consistently applied.
Appellate Information
- Decided 03/04/2009
- Published 03/04/2009
Judges
- GARCÍA-GREGORY, District Judge., Before TORRUELLA, STAHL, Circuit Judges, and GARCÍA-GREGORY, District Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Raymond E. Gillespie for appellant.
- For Appellees:
- Gisela A. Westwater, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, with whom Gregory G. Katsas, Assistant Attorney General, and Elizabeth J. Stevens, Assistant Director, were on brief for appellee.