Al-Mashwali v. US Citizenship and Immigr. Servs.

── Al-Mashwali v. US Citizenship and Immigr. Servs. ── Court: Court of Appeals for the Second Circuit Date: April 28, 2026 Category: General 25-1266 Al-Mashwali v. US Citizenship and Immigr. Servs. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of The United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 28th day of April , two thousand twenty- six. PRESENT: SUSAN L. CARNEY, BETH ROBINSON, MYRNA PÉREZ, Circuit Judges. _________________________________________ MUTAHER SAEED AL-MASHWALI, K.A., S.A., AHMED MUTAHER SAEED AL-MASHWALI, Plaintiffs-Appellants, v. No. 25-1266 U.S. CITIZENSHIP AND IMMIGRATION SERVICE, BOARD OF IMMIGRATION APPEALS, MARKWAYNE MULLIN, UNITED STATES SECRETARY OF HOMELAND SECURITY, JOSEPH B. EDLOW, DIRECTOR, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES,  Defendants-Appellees. * _________________________________________ FOR PLAINTIFFS-APPELLANTS: JULIE A. GOLDBERG, Goldberg & Associates, Melvindale, MI. FOR DEFENDANTS-APPELLEES: BRANDON M. WATERMAN, Assistant United States Attorney (Benjamin H. Torrance, Assistant United States Attorney, on the brief) for Jay Clayton, United States Attorney for the Southern District of New York, New York, NY. Appeal from a judgment of the United States District Court for the Southern District of New York (Schofield, Judge). UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court entered on March 21, 2025, is AFFIRMED. Plaintiffs-Appellants Mutaher Saeed Al-Mashwali (“Mutaher”), K.A., S.A., and Ahmed Mutaher Saeed Al-Mashwali appeal the district court’s grant of summary judgment in favor of the Government. They challenge U.S. Citizenship and Immigration Services’ (“USCIS”) denial and the Board of Immigration *Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Director Edlow is automatically substituted for Acting Director Alfonso-Royals. And we refer to minors by their initials. The Clerk’s office is respectfully directed to amend the caption as reflected above. 2 Appeals’ (“BIA”) affirmance of USCIS’s denial of the Form I-130 petitions for alien relatives that Mutaher, a U.S. citizen, filed on behalf of the three noncitizen appellants (the “beneficiaries”). Mutaher sought to have the agency designate the beneficiaries as his children, thereby giving them “immediate relative” status under 8 U.S.C. § 1154(b) and making them eligible to apply for immigrant visas. USCIS denied all three petitions, explaining that it did so because Mutaher failed to reconcile discrepancies between the documentation he filed in connection with these petitions and documents he earlier filed in connection with his naturalization process. We assume the parties’ familiarity with the underlying facts, procedural history, and ar