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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-15165
Non-...
2
Marleny Casas, a native and citizen of Cuba, appeals the summary judgment
in favor of the District Director of the U.S. ...
3
agency was arbitrary, capricious, or an abuse of discretion. Casas cannot relitigate
de novo the underlying factual disp...
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Marleny Casas v. USCIS District Director Miami, et al., No. 12-15165 (11th Cir. 2013) APA Standard of Review-Simplified

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Marleny Casas v. USCIS District Director Miami, et al., No. 12-15165 (11th Cir. 2013) APA Standard of Review-Simplified: The review endeavors to answer this question: "Did the evidence of record allow the the agency to make the decision it made?" APA review is NOT meant to provide an opportunity for a de novo review by the Judge. The Judge may review the evidence to determine if the agency made reasonable findings, inferences, and conclusions and to determine if the result was arbitrary etc... 5 USC Sec. 706(2)(A-F).

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Marleny Casas v. USCIS District Director Miami, et al., No. 12-15165 (11th Cir. 2013) APA Standard of Review-Simplified

  1. 1. [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-15165 Non-Argument Calendar ________________________ D.C. Docket No. 1:12-cv-21083-RSR MARLENY CASAS, Plaintiff-Appellant, versus USCIS DISTRICT DIRECTOR MIAMI, SECRETARY, US DEPARTMENT OF HOMELAND SECURITY, US ATTORNEY GENERAL, Defendants-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (May 1, 2013) Before HULL, PRYOR and MARTIN, Circuit Judges. PER CURIAM: Case: 12-15165 Date Filed: 05/01/2013 Page: 1 of 3
  2. 2. 2 Marleny Casas, a native and citizen of Cuba, appeals the summary judgment in favor of the District Director of the U.S. Citizenship and Immigration Services, the Secretary of the Department of Homeland Security, and the Attorney General of the United States. After the entry of a final order of removal against her, Casas complained that the denial of her second application for an adjustment of status under the Cuban Adjustment Act, Pub. L. 89-732, 80 Stat. 1161 (1966), violated the Administrative Procedures Act, 5 U.S.C. § 706, and she sought relief under the Declaratory Judgment Act, 28 U.S.C. § 2201, and the Mandamus Act, id. § 1361. Casas argues that a genuine factual dispute exists about whether she presented a fraudulent passport to an immigration inspector and that dispute barred summary judgment in favor of the defendants. We affirm. The district court did not err. Casas misunderstands the standard of review of an agency action. Under the Administrative Procedures Act, the “task of the reviewing court is to apply the appropriate APA standard of review . . . to the agency decision based on the record [provided by] the agency.” Florida Power & Light Co. v. Lorion, 470 U.S. 729, 743–44, 105 S. Ct. 1598, 1607 (1985). The administrative record establishes, as the district court concluded, that the agency based its decision to deny Casas’s application for adjustment of status on substantial evidence that she submitted a fraudulent passport to immigration officials. The question before the district court was whether that decision of the Case: 12-15165 Date Filed: 05/01/2013 Page: 2 of 3
  3. 3. 3 agency was arbitrary, capricious, or an abuse of discretion. Casas cannot relitigate de novo the underlying factual dispute that the agency resolved. We AFFIRM the summary judgment in favor of the defendants. Case: 12-15165 Date Filed: 05/01/2013 Page: 3 of 3

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