Braga

MEMORANDUM **

Wander Correa Da Costa Braga (“Bra-ga”) appeals the district court’s summary judgment in favor of the United States Citizenship and Immigration Services (“USCIS”). The USCIS denied Braga’s visa petition seeking classification as an alien with extraordinary ability as a Brazilian Jiu-Jitsu athlete and instructor. Bra-ga challenges the underlying agency decision as arbitrary, capricious, and an abuse of discretion. Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The agency found that Braga did not qualify as an alien with extraordinary ability under 8 U.S.C. § 1153 (b)(1)(A) because he failed to establish that he had either: (1) received a major, internationally recognized award, or (2) met three of the ten qualifying criteria set forth in the regulations. 8 C.F.R. § 204.5 (h)(3). The district court agreed and concluded that the agency’s findings were supported by substantial evidence in the record.

Braga only appeals the first part of the district court’s decision. He argues that his silver medal at the 2003…

dissenting:

I dissent. Braga and his wife, whose immigrant petition is derivative of Braga’s, are both natives and citizens of Brazil. Braga and his wife have two young United States-born citizen children. Braga is an expert in the field of Brazilian Jiu-Jitsu. According to the district court’s unpublished order, “Brazilian Jiu-Jitsu was developed and popularized by members of the Grade family in Brazil within the last 50 years or so, based on Japanese martial arts.” Braga won a silver medal at the Pan American Jiu-Jitsu Championships in 2003. That medal is one of the highest honors an athlete can win in the field of Brazilian Jiu-Jitsu. Braga is also a mixed martial arts champion. The Ultimate Fighting Championships, a mixed martial arts competition for high-level professional fighters, offered Braga a three-fight deal based on his abilities. Braga is also a No Holds Barred fighting champion, and has amassed a number of regional and international martial arts fighting awards. Braga also serves as a head instructor of Brazilian Jiu-Jitsu and as a teacher of defense tactics to law enforcement.

As is relevant here, the USCIS, however, found that Braga did not qualify as an alien…