The United States Law Week

‘U Visa’ Decisions Reviewable in Court, Ninth Circuit Says

Nov. 22, 2019, 7:55 PM

Federal immigration authorities aren’t immune from judicial second-guessing when they deny “U visas” to criminal informants based on objective errors about their eligibility, a divided Ninth Circuit ruled Nov. 22.

The lawsuit challenged the U.S. Citizenship and Immigration Service’s determination that Pedro Tomas Perez Perez didn’t qualify for a U visa, a type of “nonimmigrant” visa for victims who help the police “investigate” or “detect” certain “qualifying crimes.”

Perez sought the visa after reporting harassment and death threats by two men he’d lent $50,000. Police never pressed charges or investigated because they failed to locate the alleged perpetrators, but Perez...

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