Napolitano

CMC T.M., Inc. v. Napolitano

Good Law
319 F. App'x 691
United States Court of Appeals for the Ninth CircuitMarch 19, 2009No. 07-56260California325 words

Opinion

Lead Opinion

MEMORANDUM **

CMC T.M., Inc. and its employee, Zhao Shun Wang, appeal from the district court’s order granting summary judgment in favor of the United States Department of Homeland Security and the United States Citizenship and Immigration Services upholding the Administrative Appeals Office’s dismissal of the appeal from the Agency’s denial of their 1-140 Immigrant Petition for Alien Worker status. We affirm.

The AAO’s decision must stand because the record does not compel the conclusion that Wang would primarily be employed by CMC in a managerial or executive capacity. See Section 203(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153 (b)(1)(C); see also 8 U.S.C. § 1101 (44)(A)-(B) (defining managerial and executive capacity); Brazil Quality Stones, Inc. v. Chertoff, 531 F.3d 1063, 1067-68 (9th Cir.2008) (discussing the standard for reversing an agency’s decision to deny a visa petition). Rather, substantial evidence supports the AAO’s finding that the Applicants did not adequately prove Wang would primarily work in a qualifying capacity. See Family, Inc. v. U.S. Citizenship & Immigration Servs., 469 F.3d 1313, 1316 (9th Cir.2006).

The Applicants provided only…

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