K.R.K. Irvine, Inc., and Jorge Torres v. Michael Landon, District Director, and Immigration and Naturalization Service

Jorge Torres and K.R.K. Irvine, Inc. (appellants) appeal the district court’s denial of their motion for a preliminary injunction. Appellants seek to enjoin the Immigration and Naturalization Service (INS) from deporting Torres pending the result of an action in which appellants have challenged the INS’s denial of their application for a sixth preference visa for Torres. The district court, adopting a report and recommendation prepared by a federal magistrate, ruled that appellants were not entitled to a preliminary injunction because they failed to demonstrate probable success on the merits of their claim against the INS. Appellants argue that the district court’s ruling was based on erroneous legal premises and should be reversed. We find, however, that the district court did not err and therefore we affirm the denial of appellants’ motion for a preliminary injunction.

BACKGROUND

Jorge Torres is a native and citizen of Argentina who entered the United States on or about September 17,1975 as a non-immigrant visitor for a temporary period. Sometime in November of 1975, Torres began working for appellant K.R.K. Irvine, Inc.

On June 11, 1977, appellants filed an application with…