Bouarfa v. Mayorkas
| Bouarfa v. Mayorkas | |
|---|---|
| Argued October 15, 2024 Decided December 10, 2024 | |
| Full case name | Bourafa v. Mayorkas, Secretary of Homeland Security, et al. |
| Docket no. | 23–583 |
| Citations | 604 U.S. 6 (more) |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Decision | Opinion |
| Case history | |
| Prior | Federal District Court and the Eleventh Circuit Court of Appeals |
| Questions presented | |
| May a visa petitioner obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria? | |
| Holding | |
| In 8 U.S.C. §1155, Congress granted the Secretary of Homeland Security broad authority to revoke an approved visa petition "at any time, for what he deems to be good and sufficient cause." Such a revocation is thus "in the discretion of" the agency under 8 U.S.C. §1252(a)(2)(B)(ii). Thus, where 8 U.S.C. §1252(a)(2)(B)(ii) applies, it bars judicial review of the Secretary’s revocation under §1155. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Jackson, joined by unanimous |
Bouarfa v. Mayorkas, 604 U.S. 6 (2024), is a United States Supreme Court case about whether an individual can obtain judicial review regarding a revoked visa petition based on non-discretionary criteria. The US Supreme Court ruled that visa revocations are left to the discretion of the Homeland Security Department.