Session 5: Arbitrary and Capricious: Challenging U Visa Denials under the APA
When USCIS denies a U visa or U-based adjustment of status, filing a motion or appeal can sometimes be frustrating and fruitless. In this panel, we will discuss options for litigating U visa and U adjustment of status denials in federal court under the Administrative Procedure Act. Panelists will address jurisdictional arguments in discretionary and non-discretionary denials and recent case law developments, along with common case scenarios and potential arguments.
Moderator: Amy Cheung, Senior Legal Counsel, ASISTA
Speakers: Mary Kenney, National Immigration Litigation Alliance & Nico Ratkowski, Contreras & Metelska.