Estrada-Hernandez
Estrada-Hernandez v. Holder
Opinion
Lead Opinion
Sammartino, J.
AMENDED ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT
Presently before the Court is Plaintiffs Jose Luis Estrada-Hernandez (“Estrada”) and Jose Luis Farias-Hernandez’ (the “Beneficiary”) (collectively, “Plaintiffs”) Motion for Summary Judgment (“MSJ”). (Plaintiffs’ MSJ, ECF No. 23.) Also before the Court is Defendant’s Combined Cross-MSJ and Opposition to Plaintiffs’ MSJ, (Defi Cross MSJ, ECF No. 24), as well as the parties’ associated replies. (Plaintiffs’ Reply, ECF No. 25; Def. Reply, ECF No. 26.)
The Court vacated the hearing set for February 19, 2015 and took the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Having considered the parties’ arguments and the law, the Court DENIES Plaintiffs’ MSJ and GRANTS Defendant’s Cross-MSJ.
BACKGROUND
Estrada is the sole proprietor of Estrada’s Mexican Food (“Estrada’s”), a restaurant in Santee, California. (Administrative Record (“AR”) 2, 9, ECF No. 13.) Estrada petitioned the United States Citizenship and Immigration Service (“USCIS”) for permission to permanently employ the Beneficiary as a Michoacán specialty cook, but the application was denied. (Id. at 2.)
1. Legal Framework