Bouarfa v. Mayorkas (Immigration)

Bouarfa v. Mayorkas (Decided December 10, 2024)
In Bouarfa v. Mayorkas, the Supreme Court addressed whether federal courts have jurisdiction to review the revocation of a previously approved visa petition under the Immigration and Nationality Act. The case involved Amina Bouarfa, a U.S. citizen, whose petition for her noncitizen spouse was revoked by USCIS upon suspicion of a prior sham marriage. The agency cited its authority under 8 U.S.C. §1155 to revoke approvals “for good and sufficient cause.”

The Court unanimously held that the Secretary of Homeland Security’s revocation of a visa petition is a discretionary action falling under §1252(a)(2)(B)(ii), which precludes judicial review of such agency decisions. Justice Jackson, writing for the Court, emphasized that the broad statutory language granting discretion to revoke a visa petition reflects clear congressional intent to shield these decisions from court oversight.

This ruling underscores Congress' authority to limit procedural protections in immigration matters when decisions are entrusted to agency discretion. 

Justice Jackson writing for a unanimous Court. 

Read by RJ Dieken.