Nilda Jimenez Reyes v. Harlow B. Carter, Regional Commissioner of the Immigration and Naturalization Service

Appellant seeks reversal of the District Court decision which dismissed the Petition for Judicial Review by which she sought to set aside the decision of the Immigration and Naturalization Service (herein I. & N.S.), which denied her a preference classification under § 203(a) (3) of the Immigration and Nationality Act ( 8 U.S.C. § 1153 (a) (3) ). She claims that the District Court utilized an improper standard of review in dismissing her petition and that she is entitled to a preference classification as a professional.

The District Court properly followed the decision of this Court in refusing to upset a determination made by the Regional Commissioner absent a showing of abuse of discretion. Song Jook Suh v. Rosenberg, 437 F.2d 1098 , decided February 11, 1971; Dong Yup Lee v. United States I. & N.S., 407 F.2d 1110 (9th Cir. 1969); Pizarro v. Dist. Dir. I. & N.S., 415 F.2d 481 (9th Cir. 1969).

We find that the District Court was correct in its determination that there was no abuse of discretion. Appellant had received twelve hours of undergraduate credit in accounting toward a Bachelor of Science degree in Commerce from the University of Santo Tomas, Manilla, Philippines. After…