Second Circuit - Application for lawful permanent residence: Kaker v. USCIS

Daily Record Staff//June 15, 2022//

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United States Court of Appeals for the Second Circuit

Application for lawful permanent residence

Reasoning for denial

Kaker v. USCIS

20-1512-cv

Judges Walker, Calabresi, and Lohier

Background: The plaintiff was previously granted asylum 20 years prior to the underlying claim. He challenged the United States Citizenship and Immigration Services denial of his application for lawful permanent residence. The USCIS denied the application because it found that the plaintiff had engaged in terrorist activity that rendered him inadmissible.

Ruling: The Second Circuit vacated and remanded. The court held that it is unable to discern the USCIS’s full reasoning for denying the plaintiff’s application or to conclude that the agency considered all factors relevant to its decision, including the petitioner’s claim for duress.

Michael E. Piston for the plaintiff-appellant; Layaliza Soloveichik, assistant United States attorney, for the defendant-appellee.