17‐3231‐ag Agor v. Sessions UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 26th day of September, two thousand eighteen. PRESENT: JOHN M. WALKER, JR., DENNY CHIN, Circuit Judges, JOHN F. KEENAN, District Judge.* ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x LONGINUS AGOR, Plaintiff‐Appellant, v. 17‐3231‐ag JEFFERSON B. SESSIONS III, in his official capacity as Attorney General of the United States, GEOFFREY S. BERMAN, in his official capacity as United States Attorney for the Southern District of New York, and UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Defendants‐Appellees. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x * Judge John F. Keenan, of the United States District Court for the Southern District of New York, sitting by designation. FOR PLAINTIFF‐APPELLANT: Yoram Nachimovsky, New York, New York FOR DEFENDANTS‐APPELLEES: Brandon M. Waterman, Christopher Connolly, Assistant United States Attorneys, for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, New York. Appeal from the United States District Court for the Southern District of New York (Gardephe, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff‐appellant Longinus Agor appeals the district courtʹs grant of summary judgment in favor of defendants‐appellees in this Administrative Procedure Act (ʺAPAʺ) case seeking judicial review of a decision of the United States Citizenship and Immigration Services (ʺUSCISʺ) denying his application for adjustment of status to lawful permanent resident (ʺLPRʺ). We assume the partiesʹ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. ʺOn appeal from a grant of summary judgment involving a claim brought under the [APA], we review the administrative record de novo without according deference to the decision of the district court.ʺ Karpova v. Snow, 497 F.3d 262, 267 (2d Cir. 2007). ʺUnder 5 U.S.C. § 706(2)(A) a reviewing court must hold unlawful ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals