The U.S. Supreme Court is reviewing a decision from the Eleventh Circuit regarding the revocation of a visa petition for a Palestinian man. The circuit court determined that federal courts lack the authority to scrutinize the revocation of a previously approved visa petition. The Eleventh Circuit found that the Palestinian man’s previous marriage fraudulently circumvented immigration laws.
In July, the Eleventh Circuit held that under the Immigration and Nationality Act (INA), federal judges are prohibited from questioning what the appeals court deemed a discretionary decision to withdraw the approved visa petition filed by a U.S. citizen on behalf of her husband. The decision to revoke the immediate relative visa petition was made two years after its initial approval after immigration officials discovered that the husband’s previous marriage was fraudulent. This finding invoked the INA’s sham marriage bar.
The Palestinian man’s wife contested the ruling, arguing that had the Department of Homeland Security (DHS) denied her application outright, she would have had recourse to judicial review. However, under the Eleventh Circuit’s ruling, she lost that right and the permanent separation of her family resulted.
The Eleventh Circuit’s stance deepened the existing split among the circuits regarding the reviewability of visa petition revocations. Unlike the Eleventh Circuit, the Sixth and Ninth Circuits maintain that such revocations are subject to judicial review when they involve nondiscretionary criteria.
The Biden administration, along with DHS, urged the Supreme Court to reject the petition, asserting that the Eleventh Circuit’s ruling aligns with the prevailing view across circuits. They argued that the decision to revoke the Palestinian man’s visa petition was discretionary. Further, it is the DHS secretary’s authority to do so under the INA.
The Eleventh Circuit’s decision prompted concerns about potential loopholes in visa petition revocation procedures that could circumvent judicial review. However, the court ultimately deemed the decision discretionary and therefore not reviewable.
As always, ILBSG is actively monitoring updates to U.S. immigration policy. We work with our clients to ensure they get the right advice based on their individual situations. If you have any U.S. immigrations related questions, please reach out to us.
