Main content

Bernardo v. Napolitano

Case Summary: 13-cv-11827

Plaintiff Samuel Marino Frietas brought this action challenging the revocation of his work visa. Plaintiff was approved for a work visa, but Defendant Janet Napolitano, Secretary of the U.S. Department of Homeland Security, later revoked the work visa. This motion to dismiss was initiated by Defendant, who alleges that the Court does not have jurisdiction to hear this case.

In this video, the Court hears oral arguments of Plaintiff and Defendant on a Motion to Dismiss. Defendant argues that this Court does not have jurisdiction to hear this case because this was a discretionary decision of the Secretary of Homeland Security based on “good and sufficient cause.” Plaintiff disagrees and argues that this Court does have jurisdiction to hear the case because Defendant must follow standards before revoking a work visa. In addition, Plaintiff asserts that whether Defendant followed those standards is reviewable by the Court. Court ultimately grants the Motion to Dismiss brought by Defendant.

Case Highlights

  • Complaint filed 7/31/2013 (Doc #1)
  • Motion to Dismiss filed 3/28/2014 (Doc #19)

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit

Bernardo v Napolitano
Bernardo v Napolitano
Bernardo V Napolitano, Case Number 13-cv-11827, Labor and Employment Case, Motion to Dismiss, 12/03/2014, 2:30 PM (EST), United States District Court, Boston, Massachusetts, Judge Denise Casper presiding.

Click to Play Video