The Court unanimously ruled that DHS has broad authority to revoke visa petitions without judicial review.
The Supreme Court ruled on Tuesday that federal courts do not have the authority to review certain discretionary decisions made by immigration agencies, marking a significant shift in judicial oversight of immigration matters.In a unanimous opinion written by Justice Ketanji Brown Jackson, the High Court ruled that the Department of Homeland Security has broad authority to revoke visa petitions without a judicial review, even when the revocation is based on claims of marriage fraud.
Bouarfa argued that USCIS's actions were arbitrary and capricious, but the Supreme Court ruled that the authority to revoke visa petitions was squarely within DHS's discretion.'The fact that such a determination would have prevented the agency from approving the petition in the first instance, the Board found, constituted 'good and sufficient cause' for revocation,' the High Court's ruling states.
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