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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →In Mnayer, a) a national interest waiver petition, the AAU was found a) to have abused its discretion i) by failing to consider the facts A) in the record, B) which adequately established that I) waiver (a) of the labor certification requirement would be in the national interest.32 Although there is no exact measure a) of what constitutes abuse of discretion, 1) case law indicates that a) the INS has been found to have abused its discretion b) when it fails to consider all i) of the relevant evidence submitted.33 It is also an abuse of discretion 1) when the INS fails a) to explain i) adequately ii) why the facts A) it did consider were insufficient A) to establish a required element I) for an immigration benefit.34 An abuse of discretion may also be found 1) where the INS decision (a) was made i) without rational explanation, (b) inexplicably departed from established policies, or (c) rested on an impermissible basis i) such as race discrimination.35 In addition, a court may find that a) the INS abused its discretion b) when a decision was based on an improper understanding of the law.36 29 TAG, supra. See also Matter of A. Dow Steam Specialties, Ltd., Int. Dec. 3013, 19 I&N Dec. 389 (BIA 1986). 30 Administrative Procedure Act, 5 USC @ 706 et seq. 31 Laila Mnayer v. INS, U.S. Dist., S. Dist. Fl., LEXIS 21932 (1995). 32 Id. ← End |
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Copyright 1997-2024
TAX & LAW (ݰ )
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