Napolitano
Yu An v. Napolitano
Opinion
Lead Opinion
Davila, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT
[Re: Docket Item Nos. 15, 16]
In this action under the Administrative Procedure Act (“APA”), 5 U.S.C. § 702 (2)(A), presently before the Court are Plaintiff Yu An’s (“Plaintiff’) and Defendant Secretary of the Department of Homeland Security, et al.’s (“Defendants”) cross-motions for summary judgment. See Docket Item Nos. 15,16.
I. BACKGROUND A. Factual Background
Plaintiff is a naturalized U.S. citizen who has filed a petition for an immigrant visa on behalf of her mother, Zhao Qi Wang (“Ms. Wang”), under the Immigration and Nationality Act (“INA”) § 204(a), 8 U.S.C. § 1154 (a), by filing a Form 1-130, Petition for Alien Relative. Ms. Wang, a Chinese national, was first admitted to the United States on October 9, 1996 as a B-l nonim-migrant visitor for business. Her B-l status was extended through July 9, 1997. On June 9, 1997, Ms. Wang petitioned for a change of status to F-l nonimmigrant student status, which was approved on January 7,1998.
On May 24, 1998, Ms. Wang married Chao Zhang Huang, a naturalized U.S. citizen. Mr. Huang filed a Form 1-130 on behalf of…