Caplash v. Johnson et al, No. 6:2015cv06771 - Document 29 (W.D.N.Y. 2017)

Court Description: DECISION AND ORDER granting in part 18 Plaintiff's Motion for Summary Judgment; denying 21 Defendants' Motion for Summary Judgment. USCIS's denial of Plaintiff's petition is set aside and the matter is remanded to USCIS with directions that Plaintiff's priority date be restored, Plaintiff provided with a reasonable opportunity to provide additional evidence requested by USCIS, and USCIS re-adjudicate Plaintiff's Form I-130 petition in a accordance with this Decision and Order. Signed by Hon. Elizabeth A. Wolford on 01/18/2017. (LMD)-CLERK TO FOLLOW UP-