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Ali v. US

In an suit challenging the denial of the U.S. Citizenship and Immigration Services' (USCIS) Notice of Intent to Deny (NOID) plaintiff's I-130 petition seeking permanent resident status for plaintiff's noncitizen husband petition, because of the agency's determination that the husband's prior marriage was entered into for the purpose of evading the immigration laws, 8 U.S.C. section 1154(c), the district court's grant of summary judgment to the government is affirmed where, even assuming arguendo that the plaintiffs are entitled to some form of constitutional due process from an interest in the husband having permanent resident status through the petition, the district court properly held that the plaintiffs have not shown how the additional process they seek would have made any difference to the outcome.