Messina vs. United States Citizenship and Immigration Services, USDC, Eastern District, Michigan (2/16/2006)

Outcome: Steven N. Garmo Prevails in a Lawsuit Against the

Description: In a decision dated February 16, 2006, Chief U.S. District Judge Bernard A. Friedman, in a 12-page opinion, issued an order compelling the government to approve an adopted child's request for a permanent resident visa. The adoptive parents sued immigration officials in U.S. District Court in Detroit in September, after immigration officials again denied her petition. The judge also held that the decision to deny her a visa "is arbitrary, capricious and contrary to law. It also lacks common sense, or sense of fairness." Immigration officials' "proposal to deny Maria immigrant status and to deport her to the country of her birth is absurd in the extreme," Friedman said. The immigration service's "disregard for the rule of law cannot be tolerated in a civilized society, which requires all citizens, including the government itself, to respect and abide by the law," Friedman wrote. click on more to view the entire decision.