Black v. United States Citizenship and Immigration Services

I. FACTUAL BACKGROUND

26 Plaintiffs Nave Black (“Mr. Black”) and Indo Projects, Inc. (“Indo”) bring this case 27 to challenge Defendant U.S. Citizenship and Immigration Services’ (“USCIS”) denial of 28 Indo’s Form I-140 petition to classify Mr. Black as an employment-based immigrant. The Parties move for summary judgment on whether this denial was arbitrary, capricious, an abuse of discretion, or contrary to law in violation of the Administrative Procedure Act. In December 2017, while awaiting a decision on an unrelated application for permanent resident status, Mr. Black helped incorporate the California company Attic Projects, Inc. [Certified Administrative Record “CAR” at 3].1 At the same time, he started working there in some capacity as either Operations Manager, Online Marketing Manager, or Online Advertiser. [CAR at 17]. In November 2019, Attic Projects incorporated a branch in the State of Washington, and Mr. Black is listed on the original incorporation documents alongside his Attic Projects co-owners Eido Einav and Adam Goldman. [CAR at 3]. This Washington branch was renamed “Indo Projects, Inc.” in December 2019.…