Cynthia Asuncion v. District Director of the United States Immigration and Naturalization Service

Cynthia Asuncion appeals from the District Court’s granting of the Immigration and Naturalization Service's motion for a summary judgment on her petition for judicial review of the Service’s denial of a preference visa. The District Court had jurisdiction under the Declaratory Judgment Act, 28 U.S.C. § 2201 , and the Administrative Procedure Act, 5 U.S.C. § 701 et seq.

Miss Asuncion, a native and citizen of the Philippines, attended college for two to three years in the Philippines, receiving an associate in arts degree in homemaking in 1964 and a kindergarten-primary teacher’s certificate in 1965. She taught in the Philippines for two years before entering the United States as a non-immigrant visitor in April, 1966. She received extensions of stay in that category to May 15, 1968. In 1967, she was employed as a teacher in religious education in the second grade at a parochial school in Pasadena, California.

On June 3, 1968, appellant filed a petition with the Service for a third preference classification visa, pursuant to Section 203(a) (3) of the Immigration and Naturalization Act, 8 U.S.C. § 1153 (a) (3). She based her application on her profession of elementary school…