KHALIL v. HAZUDA

No. 15-20461.

833 F.3d 463 (2016)

Syed Naiyer KHALIL; Samina Khalil; Syed Umar Khalil; Syed Hamza Khalil; Hera Khalil; Hafsa Sidra Khalil; Syed Hashir Khalil; Syed Yasir Khalil, Plaintiffs-Appellants, v. Mark J. HAZUDA, Director of the United States Citizenship and Immigration Services Nebraska Service Center, in his official capacity; Leon Rodriguez, Director, United States Citizenship and Immigration Services, in his official capacity; Jeh Charles Johnson, Secretary, Department of Homeland Security, in his official capacity; John F. Kerry, Secretary of State, in his official capacity; Thomas J. Vajda, Consul General of the Consular Section of the Consulate of the United States, in his official capacity, Mumbai, India; Helen Lafave, Consul General of the Consular Section of the Consulate of the United States, Kolkata, India, in her official capacity; Edward Ramotowski, Deputy Assistant Secretary of Visa Services, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Date Filed: August 12, 2016.


Attorney(s) appearing for the Case

Garrett Marquet White, Esq. , Houston, TX, for Plaintiffs-Appellants.

Adam Laurence Goldman, Esq. , Assistant U.S. Attorney, Houston, TX, for Defendants-Appellees.

Before WIENER, PRADO, and OWEN, Circuit Judges.


After U.S. Citizenship and Immigration Services (USCIS) revoked Syed Naiyer Khalil's I-140 immigrant visa petition (I-140 petition) because Khalil's petitioning employer no longer had a position for him, Khalil challenged the revocation in federal district court. The Government argued, and the district court agreed...

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