Circuit Court for D.C. Rules that USCIS Has Final Say in Visa Revocations : Immigration Law Blog

On July 20, the D.C. Circuit Court docket joined 9 others to rule that visa revocations by america Citizenship and Immigration Providers (“USCIS”) can’t be additional reviewed by the courts.

The three-judge panel joined the First, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Tenth, and Eleventh circuits in issuing this choice. The Second Circuit Court docket of Appeals has adopted the same interpretation within the type of dicta (an unbinding choice). The Ninth Circuit is the one jurisdiction to carry that visa revocations are topic to judicial overview.

iTech U.S. Inc. v. Renaud, U.S. Court docket of Appeals for the D.C. Circuit

Vermont-based immigration attorneys had filed a case towards USCIS relating to iTech’s I-140, an immigrant visa petition filed in 2015 on behalf of an Indian citizen. USCIS initially accepted the I-140, however later issued a Discover of Intent to Revoke (NOIR) in 2017. USCIS cited inconsistencies over the beneficiary’s academic {qualifications} and the wages to be paid by iTech.
iTech responded to the NOIR by offering additional proof clarifying the beneficiary’s academic {qualifications} and offering further proof of iTech’s skill to pay. USCIS, nonetheless unconvinced, revoked iTech’s I-140. In August 2018, iTech filed a Movement to Reopen, which was denied by the USCIS later that yr. iTech then sued USCIS within the federal district court docket for the District of Columbia, alleging that USCIS violated the Administrative Process Act by revoking the I-140 in an “arbitrary and capricious” method. USCIS filed a movement to dismiss the case for lack of jurisdiction, claiming that their officers can revoke an I-140 petition at any time for any motive if good and enough trigger is proven. The Federal Court docket granted USCIS a movement to dismiss.

The Attraction

iTech additional appealed to the District Court docket of Columbia, arguing that solely discretionary denials are insulated from judicial overview, and revoking an I-140 doesn’t fall inside that classification. USCIS argued that their choices are exempt from judicial overview. The Court docket as soon as once more rejected iTech’s studying of the statute and upheld the USCIS’s interpretation, becoming a member of many different circuit courts in america.

To study extra about this weblog put up or in case you have some other immigration issues, please be happy to contact me at rglahoud@norris-law.com or (484) 544-0022.