Due Process Violation

By: Derek Hawkins//July 23, 2019//

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7^th Circuit Court of Appeals

Case Name: John Doe v. Kevin K. McAleenan, et al.

Case No.: 17-2040

Officials: RIPPLE, MANION, and SYKES, Circuit Judges.

Focus: Due Process Violation

John Doe, a native and citizen of Iran, obtained an immigrant visa through an employment based visa program for investors, and, in due course, he successfully applied to adjust his status to that of a conditional permanent resident. At the conclusion of his two-year, conditional term, Mr. Doe petitioned to remove the conditions on his residency. The United States Citizenship and Immigration Services (“USCIS”) denied his petition. Mr. Doe challenged the denial in the district court, claiming that the decision was arbitrary and capricious, exceeded the relevant statutory and regulatory authority, and deprived him of his due process rights under the Fifth Amendment. The district court granted summary judgment to the defendants. For the reasons below, we affirm the judgment of the district court.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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