Bitar v. United States Department of Justice

Irfan Bitar (plaintiff) was a citizen of Jordan. In July 1981, Bitar admittedly considered attending college in the United States. On July 13, Bitar’s father obtained a letter from the director of the Arab Chamber of Commerce and Industry in Jerusalem, which indicated that Bitar’s father was financially capable of sending Bitar to college in the United States. However, Bitar claimed that he gave up his interest in attending college in the United States and instead registered to attend college in Jerusalem. On August 13, Bitar received a visitor’s visa from the United States permitting him to visit his brother in Colorado. Bitar applied for an extension of his visitor’s visa within 20 days of his entry into the country for the express purpose of applying to college in the United States. On September 25, Bitar learned that the Jerusalem school he was to attend had closed due to political problems in the area. Bitar was accepted for admission to Community College of Denver North Campus on November 11. On November 16, Bitar requested permission to change his status from visitor for pleasure to student status. Bitar’s application was denied because the Immigration and Naturalization Service (INS) determined that he was attempting to circumvent the process for obtaining a student visa. Bitar appealed the decision, but the decision was upheld by the regional commissioner of the INS. Bitar filed a complaint with the United States District Court for the District of Colorado, seeking, in part, that the district court find that the denial of his petition was arbitrary and capricious, an abuse of discretion, and contrary to law.