United States Second Circuit

In an immigration action arising after the USCIS revoked plaintiff's former employer's I-140 petitions following convictions for mail fraud, without notifying plaintiff or her new employer, the district court's dismissal of plaintiff's claims is reversed where: 1) the district court possessed subject matter jurisdiction to hear the case; and 2) the statutory scheme requires timely pre-revocation notice be given to the beneficiary or successor employer when an prior employer's I-140 petitions are revoked.

Appellate Information

• Published 2015/12/30

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel