Case Conclusion Date:November 30, 2007
Outcome:Court denies government's motion to dismiss
Description:The government denied the plaintiff's wife's I-130 visa petition alleging that a previous marriage was a sham. The government moved to dismiss the lawsuit on the grounds that the court lacked jurisdiction and the plaintiff failed to exhaust his administrative remedies. The court upheld the lawsuit, finding that the allegations that the government coerced the plaintiff's first wife into withdrawing her visa petition and making incriminating statements were sufficient to state a reason for the court to review the case, and the plaintiff was not required to take an administrative appeal before bringing his case in federal court.