Oi Lan Lee v. District Director of the Immigration and Naturalization Service at Los Angeles, California

On February 11, 1972, Oi Lan Lee, a permanent resident alien, filed a visa petition with the Immigration and Naturaliza ti oh Service (I&NS), averring that one Sam Lee was her natural son. The petitioner asked that Sam Lee be accorded second preference status. 8 U.S.C. § 1153 (a)(2). The I&NS notified appellant on May 11, 1972 that her petition had been approved subject to proof of the compatibility of her blood type with that of Sam Lee. Results of blood tests were submitted to the I&NS, and based on this report the district director informed Oi Lan Lee that he intended to revoke conditional approval of the visa petition. After appellant supplemented the record with briefs and rebuttal, the district director determined that she had failed to meet her burden of proof and revoked approval of the visa petition.

Appellant appealed the district director’s decision to the Board of Immigration Appeals (“Board” or “BIA”). The Board dismissed the appeal. In the district court appellant sought a declaration that appellee had abused his discretion in denying a visa petition filed by the appellant on behalf of her son and a de novo hearing to determine whether her son should be accorded…