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IJ's Revocation of Immigration Petition Held Unreviewable

By Shari Allison

Green v. Napolitano, ___ F.3d ___ , 2010 WL 5157366, (10th Cir. 2010). Immigration judge?s decision to revoke an immigration petition under 8 USC § 1155 is discretionary and therefore not reviewable. In this case, the petition by a citizen for alien spouse was revoked when ex of alien said the marriage was a sham. 8 USC §1252(a)(2)(B)(ii) strips federal courts of jurisdiction to review. Discretionary authority embodied in a regulation, as opposed to a statute, is not subject to the §1252 bar under Kucana, 130 S. Ct. 827 (2010). District court cannot entertain affirmative due process complaint regarding the §1155 action under federal question and declaratory judgment acts jurisdiction.

Full post as published by Tenth Circuit Blog on December 22, 2010 (boomark / email).