Nilda Jimenez Reyes v. Harlow B. Carter, Regional Commissioner of the Immigration and Naturalization Service

Ninth Circuit

Nilda Jimenez Reyes v. Harlow B. Carter, Regional Commissioner of the Immigration and Naturalization Service

441 F.2d 734, 1971 U.S. App. LEXIS 10748

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 14, 1971

Docket25400

StatusPublished

Cited by6 cases

This text of 441 F.2d 734 (Nilda Jimenez Reyes v. Harlow B. Carter, Regional Commissioner of the Immigration and Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nilda Jimenez Reyes v. Harlow B. Carter, Regional Commissioner of the Immigration and Naturalization Service, 441 F.2d 734, 1971 U.S. App. LEXIS 10748 (9th Cir. 1971).

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Opinion

PER CURIAM:

Appellant seeks reversal of the District Court decision which dismissed the Petition for Judicial Review by which she sought to set aside the decision of the Immigration and Naturalization Service (herein I. & N.S.), which denied her a preference classification under § 203(a) (3) of the Immigration and Nationality Act (8 U.S.C. § 1153(a) (3) ). She claims that the District Court utilized an improper standard of review in dismissing her petition and that she is entitled to a preference classification as a professional.

The District Court properly followed the decision of this Court in refusing to upset a determination made by the Regional Commissioner absent a showing of abuse of discretion. Song Jook Suh v. Rosenberg, 437 F.2d 1098, decided February 11, 1971; Dong Yup Lee v. United States I. & N.S., 407 F.2d 1110 (9th Cir. 1969); Pizarro v. Dist. Dir. I. & N.S., 415 F.2d 481 (9th Cir. 1969).

We find that the District Court was correct in its determination that there was no abuse of discretion. Appellant had received twelve hours of undergraduate credit in accounting toward a Bachelor of Science degree in Commerce from the University of Santo Tomas, Manilla, Philippines. After arriving in the United States she took an additional 26 hours of accounting courses from Heald’s Business College, an unaccredited institution. Her employment has been with Standard Oil Company where she worked in the accounting office as an “05” Clerk and performed services described in various ways, but reasonably interpreted to consist of reconciling differences on unidentified credit cards. We feel these facts constitute a sufficient basis on which the Director could determine that appellant is not, and has not, been a member of the accounting profession, and hence entitled to a preference visa. Because there exists a rational basis for his decision, that decision was not an abuse of discretion.

Affirmed.

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PER CURIAM:

Appellant seeks reversal of the District Court decision which dismissed the Petition for Judicial Review by which she sought to set aside the decision of the Immigration and Naturalization Service (herein I. & N.S.), which denied her a preference classification under § 203(a) (3) of the Immigration and Nationality Act (8 U.S.C. § 1153(a) (3) ). She claims that the District Court utilized an improper standard of review in dismissing her petition and that she is entitled to a preference classification as a professional.

The District Court properly followed the decision of this Court in refusing to upset a determination made by the Regional Commissioner absent a showing of abuse of discretion. Song Jook Suh v. Rosenberg, 437 F.2d 1098, decided February 11, 1971; Dong Yup Lee v. United States I. & N.S., 407 F.2d 1110 (9th Cir. 1969); Pizarro v. Dist. Dir. I. & N.S., 415 F.2d 481 (9th Cir. 1969).

We find that the District Court was correct in its determination that there was no abuse of discretion. Appellant had received twelve hours of undergraduate credit in accounting toward a Bachelor of Science degree in Commerce from the University of Santo Tomas, Manilla, Philippines. After arriving in the United States she took an additional 26 hours of accounting courses from Heald’s Business College, an unaccredited institution. Her employment has been with Standard Oil Company where she worked in the accounting office as an “05” Clerk and performed services described in various ways, but reasonably interpreted to consist of reconciling differences on unidentified credit cards. We feel these facts constitute a sufficient basis on which the Director could determine that appellant is not, and has not, been a member of the accounting profession, and hence entitled to a preference visa. Because there exists a rational basis for his decision, that decision was not an abuse of discretion.

Affirmed.

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441 F.2d 734, 1971 U.S. App. LEXIS 10748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nilda-jimenez-reyes-v-harlow-b-carter-regional-commissioner-of-the-ca9-1971.

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