United States Ninth Circuit

In an action claiming that the United States Citizenship and Immigration Service's denial to plaintiff of an "extraordinary ability" visa was arbitrary and capricious, summary judgment for defendant is affirmed where: 1) plaintiff's internal review of students' work failed to establish sustained national or international acclaim; 2) there was no evidence that plaintiff's textbook had been adopted by any schools; 3) there was no evidence in the record that plaintiff's scholarship was cited by others; and 4) lectures and conference presentations are not "artistic exhibitions or showcases" under 8 C.F.R. section 204.5.

Appellate Information

• Argued 12/09/2008
• Decided 09/04/2009
• Published 09/04/2009

Judges

• Before HARRY PREGERSON, DOROTHY W. NELSON and DAVID R. THOMPSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ruben N. Sarkisian, Glendale, CA, for the plaintiff-appellant, Poghos Kazarian.


• For Appellees:
  
• Craig W. Kuhn and Elizabeth J. Stevens, Office of Immigration Litigation, Department of Justice, Washington D.C.; for the defendant-appellee, U.S. Citizenship & Immigration Services.