Yaniv Attias v. Jeh Johnson et al

Filing 76

ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by Judge George H. Wu. The Court hereby ORDERS the following: 1. The Court grants Plaintiff's motion for summary judgment for his Administrative Procedures Act challenge to the USCIS's January 6, 2016 decision to revoke Allen's I-130 Petition 67 ; 2. The Court hereby reverses the USCIS's January 6, 2016 decision and reinstates Allen's I-130 Petition. See document for details. Case Terminated. Made JS-6. (smo)

JS-6
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Neville Asherson, SBN 73745
Email: [e-mail]
ASHERSON, KLEIN & DARBINIAN
8484 Wilshire Blvd., Ste. 711
Beverly Hills, California 90211
Phone: [phone]
Fax: [phone]
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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YANIV ATTIAS

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Plaintiff,
ELAINE DUKE*, Acting Secretary of the
Department of Homeland Security, et al.,
Defendants.

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Case No. CV 15-7942-GW(JPRx)
Agency File No. A096-812-660

ORDER ON PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT
Date: September 28, 2017, 8:30 A.M.
Before: Honorable George H. Wu

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*Elaine Duke is substituted for her predecessors, John F. Kelly, and Jeh Johnson

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pursuant to Fed. R. Civ. P. 25(d)

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Having considered the Plaintiff’s Motion for Summary Judgment, the Court finds

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as follows:

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1. The USCIS’s decision to revoke the petition, to the extent that it was based

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on a finding that Plaintiff’s marriage to Smith was a sham, is arbitrary and

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capricious and is reversed.

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2. The USCIS’s revocation of Allen’s I-130 petition based wholly on the fact

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Plaintiff and Allen lived separately for part of their marriage was arbitrary

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and capricious. Such evidence is not probative and substantial evidence of

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marriage fraud, and even if it were, the rest of the evidence on the record

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proves the marriage was bona fide under the higher clear and convincing

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standard.

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Given the above findings, the Court hereby ORDERS the following:

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1. The Court grants Plaintiff’s motion for summary judgment for his

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Administrative Procedures Act challenge to the USCIS’s January 6, 2016

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decision to revoke Allen’s I-130 Petition.

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2. The Court hereby reverses the USCIS’s January 6, 2016 decision and
reinstates Allen’s I-130 Petition.

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IT IS SO ORDERED.

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Date: October 3, 2017

___________________________________
GEORGE H. WU, U.S. District Judge

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