Bi Li v. Eric Holder, Jr.

MEMORANDUM

Bi Rong Li petitioned for judicial review of an order upholding the denial of her application for a U nonimmigrant visa. The district court granted the defendants’ cross-motion for summary judgment, concluding that Li’s failure to submit a Form 1-918, Supplement B certification with her visa application made her ineligible for the visa. Li appeals, and we review de novo the district court’s ruling on the parties’ cross-motions for summary judgment. Guatay Christian Fellowship v. Cnty. of San Diego, 670 F.3d 957, 970 (9th Cir. 2011), cert. denied, — U.S. -, 133 S.Ct. 423 , 184 L.Ed.2d 255 (2012). We affirm.

On review and on appeal, Li concedes that she did not file a Form 1-918, Supplement B certification. She argues, however, that the form should not have been required because the Supplement B requirement is contrary to Congress’s intent in enacting the Victims of Trafficking and Violence Protection Act of 2000 (“VTVPA”), under which the U nonimmi-grant visa classification was established. Specifically, she asserts that the “broad and liberal” wording of the VTVPA, which, among other things, requires that the applicant must have “been helpful, is being helpful, or is…