Madrasah Islamiah, Inc. v. Dep't of Homeland Sec.
| Decision Date | 13 February 2015 |
| Docket Number | CIVIL ACTION NO. H-12-3492 |
| Parties | MADRASAH ISLAMIAH, INC., and HAFIZ MATIULLAH KHALID, Plaintiffs, v. DEP'T OF HOMELAND SECURITY, et al., Defendants. |
| Court | U.S. District Court — Southern District of Texas |
The Madrasah Islamiah and Hafiz Matiullah Khalid challenge the denial of certain I-129 and I-360 Petitions and an I-485 Application that the Madrasah Islamiah filed on Khalid's behalf. The defendants, the Department of Homeland Security and the United States Citizenship and Immigration Services ("USCIS"), moved for summary judgment. (Docket Entry No. 38). The plaintiffs responded and cross-moved for summary judgment, and the defendants replied. (Docket Entry Nos. 49, 54). The court heard oral argument on the motions. Based on the pleadings, the motions and responses, the record, the parties' arguments, and the applicable law, the court grants the defendants' motion for summary judgment and denies the plaintiffs' motion for summary judgment. The reasons are explained below.
Khalid came to the United States in August 2003 on a nonimmigrant visitor visa (B-2). In January 2004, the American Society for Islamic Awareness ("ASIA") filed a Form I-129 Petition for a Nonimmmigrant Religious Worker for Khalid. (CAR 899, 1079, 1484, 1560-61). The USCIS approved the I-129 Petition on October 12, 2004. (Id.).
ASIA did not have the money to continue paying Khalid's salary. In May 2005, Khalid began working as a Quranic and Religious Education Teacher/Instructor at a religious school the Madrasah Islamiah operated. The Madrasah Islamiah filed an I-129 Petition on Khalid's behalf on April 12, 2005. (CAR 212, 300). The USCIS approved this I-129 Petition on April 25, 2005.
On July 22, 2005, the Madrasah Islamiah filed a Form I-360 Petition for Special Immigrant for Khalid, seeking to classify him as a special immigrant religious worker. (CAR 986-90). The USCIS sent the Madrasah Islamiah a "Request for Evidence," asking about Khalid's prior work experience and the Madrasah Islamiah's nonprofit status. (CAR 991). The Madrasah Islamiah responded on August 8, 2005, sending much of the information the USCIS requested, but omitting both Khalid's employment records for the first year following his arrival in the United States and the requested verification from the IRS that the Madrasah Islamiah was certified as a Section 501(c)(3) nonprofit. (CAR 1034-35).
The USCIS denied the I-360 Petition on August 18, 2005, stating that Khalid was not eligible for special immigrant status because his employment from September 2003 to October 2004 was insufficiently documented. The USCIS stated that it could not verify whether Khalid had been "continuously carrying on the religious occupation specified in the Petition for the two years preceding filing," or whether the Madrasah Islamiah was a qualified nonprofit, as the applicable regulations required. (CAR 983-85).
In November 2006, the Madrasah Islamiah filed another I-360 Petition for Khalid. (CAR 131, 977). In addition to the documents sent with the previous Petition, the Madrasah Islamiah sent the USCIS a letter from the IRS verifying the Madrasah Islamiah's tax-exempt status, most of its monthly bank statements for the two preceding years, copies of checks it wrote to Khalid in 2005and 2006, and Khalid's W-2 and 1040 Forms from 2005 and 2006. (CAR 812-26). The Madrasah Islamiah told the USCIS that it paid Khalid $2,000 per month and gave him housing valued at $500 per month, with the Madrasah Islamiah paying for the utilities. (CAR 769-71).
The USCIS responded with a Request for Evidence in December 2006. This Request asked the Madrasah Islamiah to provide additional information about Khalid's employment history and income; his qualifications for, and responsibilities in, his current position; and the Madrasah Islamiah's ability to pay him. (CAR 136-37). The Madrasah Islamiah responded in February 2007, submitting additional information and again claiming that it paid Khalid $2,000 per month and provided him free housing with utilities included. (CAR 139, 146).
Khalid's R-1 nonimmigrant status expired in early May 2007. More than two weeks later, the Madrasah Islamiah filed a new I-129 Petition on Khalid's behalf. (CAR 1422-28). In this Petition, the Madrasah Islamiah stated that it would pay Khalid $2,200 per month and would provide him free housing with utilities included. The Madrasah Islamiah also provided its financial statements from 2005, 2006, and 2007. The USCIS claims that this Petition was untimely because it was filed after Khalid's nonimmigrant status expired.
In February 2009, the USCIS sent the Madrasah Islamiah a Request for Evidence in connection with the I-360 Petition filed in November 2006. This Request asked the Madrasah Islamiah to supplement the administrative record with a description of Khalid's current work and past experience as a religious teacher. (CAR 158-61). The Madrasah Islamiah responded with an attestation about the school, its employment of immigrant and nonimmigrant workers, and Khalid's work schedule and duties. The Madrasah Islamiah also sent copies of checks it wrote Khalid between June 2005 and March 2009, as well as Khalid's W-2 Forms for 2007 and 2008. (CAR228-37, 302-03, 397-98). ASIA also submitted information about Khalid's earlier employment there. (CAR 218, 267, 395).
In May 2009, the Madrasah Islamiah filed another I-129 Petition for Khalid, seeking to extend his nonimmigrant status. (CAR 481). The Madrasah Islamiah sent the USCIS Khalid's tax forms for 2008, additional information on the Madrasah Islamiah's nonoprofit status, and a description of Khalid's responsibilities. The Madrasah Islamiah stated that it paid Khalid $2,000 per month and provided him free housing with utilities included. (CAR 488-503). In July 2009, Khalid filed an I-485 Application for adjustment of status under the I-360 Petition. (CAR 909-914).
The USCIS denied both of Khalid's pending I-129 Petitions in November 2009. (CAR 475-81; 1415-22). The USCIS stated that it lacked information needed to confirm that Khalid could be classified as a religious professional; that the Madrasah Islamiah had not shown that Khalid was performing duties "above and beyond those of a caring member of the denomination"; and that the Madrasah Islamiah had not submitted evidence showing that Khalid had the educational qualifications necessary for a professional position. (Id.).
In December 2009, the Madrasah Islamiah appealed the denials of Khalid's I-129 Petitions to the Administrative Appeals Office ("AAO"). The Madrasah Islamiah argued that the USCIS improperly required Khalid to be employed in a professional capacity. It asserted that Khalid did not need a professional degree and that he qualified for his nonprofessional status because he had advanced skills necessary for his position that most members of the denomination did not possess. (CAR 1384-95). The Madrasah Islamiah also argued that instead of denying the Petitions, the USCIS should have sent another Request for Evidence.
In January 2010, the USCIS denied the I-360 Petition the Madrasah Islamiah had filed onKhalid's behalf in November 2006, and, by implication, the I-485 Application based on Khalid's I-360 status. (CAR 39-43, 131, 153-57). The USCIS asserted that the Madrasah Islamiah had failed to provide verifiable evidence on how it intended to compensate Khalid, that there were discrepancies in the evidence of Khalid's salary in 2007 and 2008, and that the salary the evidence showed was below the poverty level. (CAR 41-42, 155-56). The USCIS also stated that the Madrasah Islamiah did not show that Khalid was qualified by professional or work experience to perform the professional religious work identified in the I-360 Petition, and noted that Khalid's other duties did not require religious qualifications. (Id.).
In February 2010, the Madrasah Islamiah appealed this denial of the 2006 I-360 Petition. The Madrasah Islamiah argued that it had complied with all Requests for Evidence, that Khalid was not a professional religious worker, that the USCIS relied on the wrong regulations and made mistakes in evaluating the information the Madrasah Islamiah submitted, and that the USCIS had failed to submit a Notice of Intent to Deny before rejecting the Petition. (CAR 23-32). The Madrasah Islamiah explained the discrepancies in Khalid's salary by stating that it had loaned him $5,000 in cash in 2008 and had made deductions from his salary to repay it. (CAR 53-56).
In August 2011, the AAO remanded the USCIS's denial of the two I-129 Petitions, finding that the USCIS had failed to articulate specific, defensible grounds. (CAR 1374-84). The AAO nonetheless noted that the record cast doubt on the legitimacy of the Petitions. The AAO affirmed the USCIS's denial of the November 2006 I-360 Petition, finding that the information the Madrasah Islamiah submitted was of questionable authenticity and had discrepancies and inconsistencies, particularly about the Madrasah Islamiah's and Khalid's finances. (CAR 1-14).
The USCIS sent the Madrasah Islamiah a Request for Evidence in November 2011 inconnection with the remanded I-129 Petitions. The Requests sought verification that Khalid lived in free housing that the Madrasah Islamiah provided and controlled. The Request also sought clarification of discrepancies between the salary stated on Khalid's W-2 forms and the salary shown by the checks the Madrasah Islamiah wrote Khalid in 2007 and 2008. (CAR 1118-24; 1367-73). The Request asked for additional information about the Madrasah Islamiah. It also asked for clarification of the dates Khalid worked at ASIA and at the Madrasah Islamiah, and for an explanation of an apparent gap between Khalid's entry into the United States in August 2003 and the start of his employment with ASIA in October 2004. (Id.). Madrasah Islamiah responded to this Request for Evidence in January 2012...
To continue reading
Request your trial