Abboud

Abboud v. Immigration & Naturalization Service

Bad Law
140 F.3d 843·98 Daily Journal DAR 3523·1998 WL 156523·1998 U.S. App. LEXIS 6807·98 Cal. Daily Op. Serv. 2548
United States Court of Appeals for the Ninth CircuitApril 7, 1998No. 96-56673California2,442 words

Opinion

Lead Opinion

Magill, J.

George F. Abboud brought this suit in the district court for declaratory and injunctive relief against the Immigration and Naturalization Service (INS) after the INS denied Abboud an immigrant visa. The district court dismissed Abboud’s case, and Abboud now appeals. We affirm.

I.

Abboud, a citizen of Lebanon, entered the United States on December 23, 1986, on a visitor’s visa. After his arrival in the United States, Abboud tried to obtain an immigrant visa by filing a Form 1-485 Application for Permanent Residence (Application) with the INS. Fawzi Abboud (Fawzi), Abboud’s father and a United States citizen, also tried to help Abboud obtain an immigrant visa by filing on Abboud’s behalf a Form 1-130 Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa (Relative Petition).

At the time that Abboud’s Application and Fawzi’s Relative Petition were filed, the Los Angeles district office of the INS (Local Office) only accepted Relative Petitions that were filed together with Applications. The Local Office then considered the Relative Petitions and Applications together in adjudicating an alien’s immigration status. A petitioner who wished his Relative Petition…

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