Estrada-Hernandez

Estrada-Hernandez v. Holder

Good Law
108 F. Supp. 3d 936·2015 WL 3634497·2015 U.S. Dist. LEXIS 77254
United States District Court, Southern District of CaliforniaMay 27, 2015Case No. 13CV2791 JLS (RBB)California5,167 words

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

Under the…

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