Atieh v. Riordan
727 F.3d 73
1st Cir.2013Background
- Fuad Atieh, a Jordanian national, overstayed a 6‑month visa and faced removal proceedings.
- Fuad married Jamileh Khudari, a U.S. citizen, in 2004; Jamileh later withdrew an I‑130 petition.
- Fuad and Jamileh divorced within a year; Fuad then married Raniah, another U.S. citizen, who filed an I‑130 petition.
- USCIS issued a notice of intent to deny the I‑130 petition in 2006, citing a sham marriage after evaluating the total record.
- BIA denied both the initial and renewed I‑130 petitions; district court stayed proceedings awaiting renewed agency action.
- The district court dismissed the suit under Fed. R. Civ. P. 12(b)(6); Atieh appealed to the First Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plausibility review applies in APA judicial review. | Atieh argues plausibility standard governs; (Atieh). | Defendants rely on Twombly/Iqbal plausibility. | Plausibility standard does not apply to APA review. |
| Whether the district court erred by not utilizing the full administrative record. | Administrative record incomplete; record not provided. | District court allowed reliance on attached materials. | District court erred; vacate and remand for APA‑compliant review. |
| Whether dismissal under Rule 12(b)(6) was appropriate in an APA action. | Challenge to agency decision on record; not purely legal flaw. | Plausibility screening justified; record review limited. | Not resolved on merits; case vacated and remanded for proper APA proceedings. |
Key Cases Cited
- Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402 (U.S. 1971) (APA review requires record‑based analysis; not de novo fact finding)
- Cousins v. Sec'y of the U.S. Dep't of Transp., 880 F.2d 603 (1st Cir. 1989) (en banc; importance of administrative record in review)
- Assc'd Fisheries of Me., Inc. v. Daley, 127 F.3d 104 (1st Cir. 1997) (arbitrary or capricious standard in APA review)
- Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (S. Ct. 1983) (arbitrary and capricious review framework under APA)
- Camp v. Pitts, 411 U.S. 138 (U.S. 1973) (standard for administrative record review in agency actions)
- Mass. Dept. of Pub. Welfare v. Sec'y of Agric., 984 F.2d 514 (1st Cir. 1993) (summary judgment context; focus on the administrative record)
- Twombly v. Bell Atl. Corp., 550 U.S. 544 (S. Ct. 2007) (plausibility pleading standard (not APA review))
- Ashcroft v. Iqbal, 556 U.S. 662 (S. Ct. 2009) (pleading standard; relevance to screening vs. record review)
- Grajales v. P.R. Ports Auth., 682 F.3d 40 (1st Cir. 2012) (pleading standards in initial screening; not APA review)