Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

New Immigration Case: Basically saying the USCIS has to follow the rules!

NINTH CIRCUIT COURT OF APPEAL

-Antitrust and Trade Regulation-
Telecommunications Act authorizes state public utilities commissions to order incumbent local exchange carriers to lease entrance facilities to competitive local exchange carriers at regulated rates for the purpose of interconnection. Plain language of 47 C.F.R. Sec. 51.319(e)(2)(ii)(B) limits a competitive local exchange carrier to a maximum of ten DS1 circuits along any route where DS1 circuits are available on an unbundled basis regardless of whether the competitive LEC is “impaired” as to DS3 lines.
Pacific Bell Telephone Company v. California Public Utilities Commission – filed March 4, 2010
Cite as 08-15568
Full text http://ping.fm/MfvZQ

-Environmental Law-
Environmental Protection Agency Administrator’s interpretation of plaintiff’s burden to “demonstrate” permit’s non-compliance with the Clean Air Act, as used in 42 U.S.C Sec. 7661d(b)(2), as requiring plaintiff to support his allegations that aggregation of pollutant-emitting sources with legal reasoning, evidence, and references was not arbitrary or capricious.
MacClarence v. United States Environmental Protection Agency – filed March 4, 2010
Cite as 07-72756
Full text http://ping.fm/UO6Ei

-Immigration Law-
Nothing in 8 C.F.R. Sec. 204.5(h)(3)(vi) requires an alien petitioning for an extraordinary visa to demonstrate research community’s reaction to his published articles before those articles can be considered as evidence, and nothing in 8 C.F.R. Sec. 204.5(h)(3)(iv) suggests that judging university dissertations is only persuasive evidence of acclaim if alien served as an external dissertation reviewer for a university with which he was not otherwise affiliated; although Administrative Appeals Office misapplied these two statutes and should have found that alien presented two types of evidence, such error was harmless since alien was required to show three types of evidence in order to be granted relief.
Kazarian v. U.S. Citizenship and Immigration Services

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