United States Ninth Circuit

Summary judgment for the government in plaintiffs' action challenging the United States Citizenship and Immigration Service's denial of plaintiff-husband's Form I-130 immediate relative visa petition is: 1) reversed in part, where plaintiffs had a protected property interest in the adjudication of plaintiff-husband's I-130 petition, and their Fifth Amendment procedural due process rights were violated because they were not given the opportunity to cross-examine plaintiff-wife's first husband regarding his statement that his marriage to plaintiff-wife was fraudulent; but 2) affirmed in part, where the statutory protections in removal proceedings do not apply to I-130 visa petitions and there is no statutory right of cross-examination in I-130 adjudications, and thus, plaintiffs' rights under the Administrative Procedure Act were not violated.

Appellate Information

• Decided 08/07/2013
• Published 08/07/2013

Judges

• THOMAS

Court

• United States Ninth Circuit

Counsel