v. Smith, 696 F.2d 1008, 1013 (D.C. Cir. 1983).
In so holding, the Court recognizes that the INS has an expertise in the area of immigration and naturalization that the Court does not share. The present case, however, does not deal with any technicalities of the law; rather, it involves reading and applying the plain language of the form MA7-50B application. Where the INS -- or any other agency -- produces a result that is arbitrary and not based on substantial evidence in the record, it is the duty of the courts to reverse that decision. Deference to the agency must not yield to the temptation to rubberstamp all decisions.
In Denver Tofu Co. v. INS, 525 F. Supp. 254 (D. Col. 1981), for example, the court chided the INS for taking a "mechanical" approach to considering an alien's qualification. Id. at 259. The court ultimately reversed the INS, holding that it was arbitrary and capricious to focus on a technical requirement of "management training" when the job involved the supervision of only three employees. Id. Similarly, in Guinto v. INS, 303 F. Supp. 1094 (C.D. Cal. 1969), a finding by the INS that a teacher without a baccalaureate degree was not a "member of the professions" was held to be an abuse of discretion. The teacher in question, who was seeking a third preference visa, had received his education overseas and had almost eighteen years teaching experience. Id. at 1095. Nevertheless, the INS found that the teacher lacked the necessary educational requirements. Id. at 1096. In Guinto, as in the present case, the court held the INS interpretation to be "clearly erroneous, arbitrary, . . . [and] unreasonable." Id. at 1097. The case was remanded for appropriate action. Id. at 1102. Thus, while the standard of review remains limited, the district courts, in appropriate circumstances, will reverse INS action that does not meet this standard.
The defendant has indicated that the alleged lack of educational qualifications is the only "deficiency" preventing approval of plaintiffs' petition. In light of the Court's disposition of this issue above, it appears that this deficiency has been cured. Accordingly, it is this 5th day of October, 1984 hereby
ORDERED that this case be, and hereby is, remanded to the Regional Commissioner, Eastern Regional Office of the Immigration and Naturalization Service, and that the Commissioner shall, in accordance with this opinion, take such steps as may be necessary to approve the petition for a sixth preference immigrant visa brought by the plaintiff Rosedale and Linden Park Company on behalf of plaintiff Maria Judith Horvath.