These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
revocation
The First Circuit has determined that a federal court lacks jurisdiction to review the revocation of an approval of a National Interest Waiver and an I-140 petition.
The full text of Guedes v. Mayorkas can be found here:
https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-1228P-01A.pdf
The Supreme Court has determined that federal courts lack jurisdiction to review the agency’s revocation of an approved visa petition. In so doing, the Court indicated that the revocation statute defines a purely discretion decision by the agency - that the agency is not obligated to revoke the approval of a petition that was approved in error.
The full text of Bouarfa v. Mayorkas can be found here:
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
The Eleventh Circuit has determined that a federal court lacks jurisdiction to review the agency’s revocation of an approved Form I-130.
The full text of Bouarfa v. Secretary of DHS can be found here:
https://media.ca11.uscourts.gov/opinions/pub/files/202212429.pdf
