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FLORES v. GARLAND

No. 22-20419.

72 F.4th 85 (2023)

David FLORES, Plaintiff-Appellant, v. Merrick GARLAND, U.S. Attorney General; Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security; Ur M. Jaddou, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED June 23, 2023.

Attorney(s) appearing for the Case

Bruce A. Coane, Esq. , Coane & Associates, P.L.L.C., Houston, TX, for Plaintiff-Appellant.

Joshua Samuel Press , Senior Litigation Counsel, Office of Immigration Litigation — District Court Section, Washington, DC, Eleanor Ann Robinson-Gaither, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Defendants-Appellees.

Before Smith, Higginson, and Willett, Circuit Judges.

The Immigration and Nationality Act (INA) gives priority to visa petitioners who have advanced degrees or exceptional ability. See 8 U.S.C. § 1153(b)(2)(A). Although petitioners usually need a job offer to qualify for such a visa, the United States Citizenship and Immigration Services (USCIS) "may...

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