Chen v. Board of Immigration Appeals et al, No. 1:2015cv01269 - Document 28 (S.D.N.Y. 2016)

Court Description: OPINION AND ORDER re: 18 CROSS MOTION for Summary Judgment AND Opposition to Plaintiff's Motion for Summary Judgment filed by United States Citizenship and Immigration Services, Board of Immigration Appeals, 12 FIRST MOTION for Summary Judgment filed by Huai Zhou Chen: Because the statutory language of 8 U.S.C. § 1154(a)(2)(A) is plain and unambiguous and at odds with the regulation, 8 C.F.R. § 204.2(a)(2)(1), the Court must hold unlawful and set aside the USCIS and BIA decisions based on the regulation, as the decisions were arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. 5 U.S.C. § 706. Plaintiff's motion for summary judgment is G RANTED and Defendants' motion is DENIED. The decision of the agency is reversed, and the case is remanded with directions to re-consider Plaintiff's petition, applying the standard contained in the statute. (Signed by Judge Andrew L. Carter, Jr on 2/29/2016) (tn) Modified on 2/29/2016 (tn).