Tania Garcia-Lopez v. Michael Aytes

MEMORANDUM

Tania Garcia-Lopez (“Garcia-Lopez”) appeals the district court’s entry of summary judgment in favor of the government defendants (the Director of the United States Citizenship and Immigration Services (“USCIS”), Field Office Director of USCIS, Director of Department of Homeland Security, and the U.S. Attorney General). Garcia-Lopez filed an immediate relative visa petition on behalf of her husband, Fathi Abedel Ghani (“Ghani”). However, based on a declaration by Gha-ni’s former wife, Celeste Winders (“Winders”), USCIS determined that Ghani had previously entered into a fraudulent marriage to obtain immigration benefits, and denied the new petition. Garcia-Lopez alleges that the agency’s actions in denying her petition were arbitrary and capricious and violated the Administrative Procedure Act (“APA”).

In actions challenging an agency’s decision to deny or revoke a visa, we review the district court’s grant of summary judgment de novo; however, the underlying agency action may be set aside only if “ ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.’ ” Family Inc. v. U.S. Citizenship & Immigration Servs., 469 F.3d 1313, 1315 (9th…