US Courts Can’t Review USCIS Decisions

Mario A. Godoy
US Courts Can’t Review USCIS Decisions

On July 20 the US Court of Appeals for the DC Circuit ruled that the courts can’t review USCIS decisions. An Indian citizen whose immigrant work visa I-140 was initially approved was later revoked by U.S. Citizenship and Immigration Services, an agency of the United States Department of Homeland Security.

A three-judge D.C. Circuit panel unanimously rejected the claim. The D.C. Circuit said “any other decision or action” is broad by definition and Congress would have chosen different words if it intended to limit the scope of the law, and that the INA gives the agency the ability to revoke an I-140 petition “at any time” and for any reason,

Every federal appeals court except the 9th Circuit has now held that visa petition revocations cannot be reviewed in court. According to Law360, nine appellate courts have previously ruled that “courts lack jurisdiction to consider visa revocations made under federal immigration law.”

The Immigration and Nationality Act

Under federal immigration law in the Immigration and Nationality Act (INA) section “Denials of Discretionary Relief,” says courts cannot review decisions involving specific types of immigration petitions, or “any other decision or action” made under the discretionary authority created by the law.

Do You Need an Immigration Visa?

A qualified immigration attorney is important so that you can present your strongest case for an immigration visa. The immigration attorneys at Chicago’s Godoy Law Office fight for the rights of immigrants in Illinois and help immigrants navigate the complex and numerous immigration policies, procedures, and regulations. If you need help with an immigration issue, please contact our office at 630-912-0322. 

AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties

 

 

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