The Fifth Circuit has rejected a challenge to the revocation of the approval of an I-140 petition. The Court found that because the agency found the petition was granted in error, it was never valid, the portability rules in section 245(j) of the INA did not prevent the revocation of the approval.

The full text of Nguyen v. Jaddou can be found here:

https://www.ca5.uscourts.gov/opinions/pub/23/23-20597-CV0.pdf

Comment