PATEL v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES

No. 12-1962.

732 F.3d 633 (2013)

Shashikant PATEL, Plaintiff-Appellant, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

October 11, 2013.


Attorney(s) appearing for the Case

ON BRIEF: Michael E. Piston , Troy, Michigan, for Appellant. Troy D. Liggett , United States Department of Justice, Washington, D.C., Agnes Kempker-Cloyd , United States Attorney's Office, Grand Rapids, Michigan, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which SUTTON, J., joined. DAUGHTREY, J. (pp. 638-45), delivered a separate dissenting opinion.


OPINION

KETHLEDGE, Circuit Judge.

Peshtal Inc. filed a petition for an employment visa on behalf of Shashikant Patel under 8 U.S.C. § 1153(b)(3). The United States Citizenship and Immigration Services denied the petition. Patel then filed suit in federal district court under the Administrative Procedure Act, challenging the denial as arbitrary and capricious. The district court dismissed the suit for lack of prudential standing. We reverse.

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