Plain-English summary
Court: Revoking an approved visa petition for sham marriage is a discretionary action courts cannot review
The Court unanimously held that revoking an approved immigrant visa petition after finding a marriage was a sham is a discretionary decision the courts cannot review under immigration-review limits. The decision affirms the government's power to revoke under 8 U.S.C. §1155 and that §1252(a)(2)(B)(ii) bars federal-court challenges to such discretionary denials.
Why this matters
This decision confirms that federal courts cannot second-guess the agency's discretionary choices when the government revokes approved visa petitions for sham marriages. That limits judicial oversight of certain immigration decisions and leaves petitioners with fewer avenues to challenge revocations in federal court.
Who may feel it
- Immigrant petitioners and their U.S. sponsors whose approved petitions are later revoked
- Immigration attorneys advising clients on marriage-based petitions
- U.S. Citizenship and Immigration Services and the Department of Homeland Security
- Courts that had handled or would handle challenges to visa-petition revocations
Key questions
- Is revocation of an approved immigrant visa petition based on a sham-marriage finding a discretionary action?