Assuta Medical Center v. U.S. Department of Homeland Security

Good Law
265 F. App'x 542
United States Court of Appeals for the Ninth CircuitJanuary 24, 2008No. 06-55690California545 words

Opinion

lead Opinion

*543 MEMORANDUM *

Assuta Medical Center (“Assuta”), Nataraj Chandrasekhar (“Chandrasekhar”), Sushma Nataraj, and Sai Nataraj appeal the district court’s Findings of Facts and Conclusions of Law entered in favor of the United States Department of Homeland Security and the United States Citizenship and Immigration Services. The parties are familiar with the facts of this case, and we refer to them here only to the extent necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

This court reviews the district court’s findings of facts for clear error and its conclusions of law de novo. See Twentieth Century Fox Film Corp. v. Entm’t Distrib., 429 F.3d 869 , 879 (9th Cir.2005). The district court reviewed the decision of the Administrative Appeals Office (“AAO”) pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 702 , 706. Under the APA, agency decisions may be set aside if they are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A); see also United States v. Bean, 537 U.S. 71, 77 , 123 S.Ct. 584 , 154 L.Ed.2d 483 (2002).

Here, Assuta submitted substantial evidence…

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