Khalid Al-Humaid vs U.S. Citizenship and Immigration Services

Filing Date:August 10, 2009

Case:Khalid Al-Humaid v. USCIS

Jurisdiction:Federal District Court for the Northern District of Texas

Status:Resolved

Civil / Criminal:Civil

Arbitrary and capricious action/decision making

Al-Humaid asserts at length in his briefing that the decisions of USCIS and AAO are not entitled to any judicial deference by the court, citing United States Supreme Court case law in support. Defendants do not rebut Plaintiff’s assertion; instead, they argue the position that USCIS’s and AAO’s evaluations of the evidence submitted, in light of the applicable law and regulations, led to rational decisions that were not arbitrary and capricious. The court accordingly will conduct its own analysis of the evidence presented and will weigh the rationality of the USCIS and AAO decisions in light of the applicable law and regulations. Defendants, in support of the USCIS and AAO decisions, principally contend that AlHumaid has failed to demonstrate that (1) he has invested or is actively in the process of investing the required amount of capital; and (2) his company will create the required ten full-time job positions. The court will consider both issues in turn.