Wednesday, November 13, 2013

Muni v. INS case brief

Muni v. INS case brief summary
891 F.Supp. 440 (1995)

Plaintiff, a professional hockey player, appealed Administrative Appeals Unit's (Illinois) denial of plaintiff's immigrant visa petition, finding plaintiff did not meet the extraordinary ability requirement pursuant to the Immigration and Nationality Act, 8 U.S.C.S. § 1153(b)(1)(A).

Plaintiff was an alien professional hockey player who had played in this country for several years and applied for an immigrant visa claiming he was a worker with extraordinary ability. Defendant immigration and naturalization service (INS) denied plaintiff's petition and the administrative appeals unit affirmed.


  • Plaintiff appealed the decision, and the court found that the INS failed to consider several important factors that supported plaintiff's petition and failed to state why the facts it did consider were insufficient to establish plaintiff's extraordinary ability. 
  • The court granted plaintiff's motion for summary judgment and denied INS' motion, finding INS' failure to consider credible evidence was an abuse of discretion.
The court granted summary judgment in favor of plaintiff, and denied defendant's motion, finding that the immigration and naturalization service abused its discretion when it failed to consider important factors in determining plaintiff's application for immigrant visa, and failed to explain why the facts it did consider failed to establish plaintiff's claim when plaintiff's claim was supported by credible evidence.

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