Carmelita A. Mamengo v. Immigration and Naturalization Service of the United States

Mamengo brought this action in the District Court pursuant to 28 U.S.C. § 2201 (Declaratory Judgment Act) and 5 U.S.C. § 701 et seq. (Administrative Procedure Act) to review a decision of the Immigration and Naturalization Service denying her petition for third preference classification as a professional under sections 203(a) (3) and 101(a) (32) of the Immigration and Nationality Act, 8 U.S.C. §§ 1153 (a) (3) and 1101(a) (32). The District Court granted summary judgment against her, and we affirm.

Our review is limited to a determination of whether the denial of the petition was an abuse of discretion. Suh v. Rosenberg, 9 Cir., 1971, 437 F.2d 1098 ; Pizarro v. District Director, I&NS, 9 Cir., 1969, 415 F.2d 481 ; Lee v. I&NS, 9 Cir., 1969, 407 F.2d 1110 . Here, the District Director found, and the Regional Commissioner affirmed his decision, that Mamengo’s occupation, “administrative assistant,” is not a profession within the meaning of Section 101(a) • (32) of the Act because it requires no minimum educational level. This was a proper ground on which to deny the petition, see Suh v. Rosenberg, supra; Matter of Asuncion, 1966, 11 I&NS, Dec. 660, and there is evidence in the…