Episode 107

Opinion Summary: Bouarfa v. Mayorkas | Date Decided: 12/10/24 | Case No. 23-583

The question presented in this case is: Whether a visa petitioner may obtain judicial review when an approved petition is  revoked on the basis of nondiscretionary criteria.

The Supreme Court held: Revocation of an approved visa petition under § 1155 based on a sham-marriage determination by the Secretary is the kind of discretion­ary decision that falls within the purview of § 1252(a)(2)(B)(ii), which strips federal courts of jurisdiction to review certain actions “in the discretion of ” the agency.

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SCOTUS Oral Arguments and Opinions
U.S. Supreme Court oral arguments and opinions