Achampoma_v_Board_of_Immigration_Appeals__vaedce-16-00668 COMPLAINT RE RESCISSION
UNITED STATES DISTRICT COURT
BOARD OF IMMIGRATION APPEALS,
Serve: Dana J. Boente, United
States Attorney for the
Eastern District of Virginia
Justin W. Williams United
States Attorney's Building
2100 Jamieson Ave
Alexandria, VA 22314
Loretta E. Lynch, United
States Attorney General,
United States Department of
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
United States Department of
Executive Office for
Office of the Chief Clerk
Board of Immigration Appeals
5201 Leesburg Pike, Suite 2000
Falls Church, VA 22041
Civil Action No,
. Zfllb JUN 15 A 11= 22
CL-P.K US DiSTRlCT COURT
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The Plaintiffhereby sues the Defendant, stating as and for her cause ofaction the following:
(Administrative Procedure Act, 28 USC §§702 et seq.)
1. This Plaintiffin this action seeksjudicial review ofthe Order ofthe Board of
Immigration Appeals ("BIA") entered in this matter on May 15,2016, a copy ofwhich is
attached, identified as "Exhibit 1" and incorporated by reference.
2. To date, no court has upheld the validity ofthe Order.
3. Jurisdiction is asserted pursuant to 28 USC §1331 (Federal Question) and 5 USC §§702
et seq. (Administrative Procedure Act).
4. Venue is asserted pursuant to 28 USC §1391(e).
5. The Plaintiffcontended before the BIA that the Immigration Judge erred by denying her
motion to terminate rescission proceedings (pertaining to her lawfiil permanent resident
status); that the proceedings were time-barred; that equitable estoppel should apply due
to the government's error; and that the Department ofHomeland Security ("DHS") did
not meet its burden ofestablishing by clear and convincing evidence that her status
should be rescinded.
6. The Plaintiffcontends in this action that the BIA erred in rejecting her above-stated
positions, affirming the Immigration Judge's order, and dismissing her appeal.
7. The Plaintiffcontends, moreover, that the BIA's rulings were arbitrary, capricious, an
abuse ofdiscretion, or otherwise not in accordance with the law; and they were in excess
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ofstatutory authority or limitations, or short ofstatutory right; or without observance of
procedures required by law.
WHEREFORE, the Plaintiffrequests:
1. That this Court hold unlawful and set aside the BIA's actions;
2. That she be awarded costs and attorney's fees; and,
3. For such other and further relief as the Court may deem just and proper.
J c 1-^ Z ^ ^
Robert J. Harris, Esquire
2722 Merrilee Drive, Suite 340
Fairfax, VA 22031
Telephone: (703) 249-5108
Facsunile: (703) 962-7579
Counsel for the Plaintiff
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