Treez, Inc. v. United States Department of Homeland Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 TREEZ, INC., et al., Case No. 22-cv-07027-RS Plaintiffs, 11 v. ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY

UNITED STATES DEPARTMENT OF JUDGMENT AND DENYING

HOMELAND SECURITY, et al., DEFENDANTS’ CROSS-MOTION Defendants.

This is an action under the Administrative Procedures Act brought against the Department of Homeland Security (“DHS”) and its agency, the United States Citizenship and Immigration Service (“USCIS”). Also named as defendants are two USCIS directors, in their official capacities. Plaintiffs are Treez, Inc., and its employee, Ameya Vinayak Pethe, an Indian national. Plaintiffs contend defendants wrongfully denied an amended H-1B visa petition to permit Pethe to work in the U.S. The parties have brought cross-motions for summary judgment.1 Because this is an APA case, it is not an inquiry under Rule 56 of the Federal Rules of Civil Procedure as to whether there 23…