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Muni v. INS

United States District Court for the Northern District of Illinois
891 F.Supp. 440 (1995)


Facts

Craig Muni (plaintiff) was born in Canada in 1962. In 1980 he began his NHL career when he was drafted by the Toronto Maple Leafs. The Edmonton Oilers traded for him in 1986. He stayed with Edmonton for seven years and helped the Oilers win three Stanley Cup championships. Muni was a regular player for the team, had one of the best plus-minus ratios on the team, and was voted as one of the top hitting and most underrated defensemen by national publications. The Oilers traded Muni to the Chicago Blackhawks in 1993. His salary was above the average for his position. Muni petitioned the Immigration and Naturalization Service (INS) for an immigrant visa based on the fact that he was a worker with extraordinary ability and eligible for priority treatment under section 203(b)(1)(A) of the Immigration and Naturalization Act. Eight NHL players submitted affidavits stating that Muni was one of the best defensemen in hockey.  The INS denied his initial petition and its Administrative Appeals Unit affirmed. Muni appealed that decision to federal district court and both parties moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Moran, C.J.)

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