Utah Life Real Estate Group v. US Citizenship and Immigration Services et al
||Utah Life Real Estate Group
||US Citizenship and Immigration Services, Leon Rodriguez and Department of Homeland Security
||August 31, 2016
||US District Court for the District of Utah
||Jill N. Parrish
|Nature of Suit:
||Review or Appeal of Agency Decision
|Cause of Action:
||05 U.S.C. § 0702
|Jury Demanded By:
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|May 3, 2017
MEMORANDUM DECISION granting 20 Motion to Dismiss for Lack of Jurisdiction. The court concludes that neither the regulations governing the review of an H-1B petition nor any statute prohibits Immigration Services from reopening con sideration of a petition after a lawsuit seeking review of a denial of the petition has been filed. Nor may this court employ judicial principles regarding the transfer of jurisdiction from an inferior court to a reviewing court to prevent Immigratio n Services from reopening the petition. Thus, Immigration Services had the authority to reopen the proceedings after this case was filed. Once it did so, the July 29, 2016 denial of Utah Lifes petition was no longer a final agency action under 5 U.S.C. § 704, and this court lost jurisdiction over the case. Signed by Judge Jill N. Parrish on 5/3/17. (jlw)
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