Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Thursday, April 26, 2012

No jurisdiction over I-130 revocation

Mehanna v. USCIS, No. 11-1110 (6th Cir. Apr. 19, 2012) (published)

The Sixth Circuit dismissed a challenge to the revocation of a visa petition.  The USCIS revoked an I-130 petition filed by an LPR mother for her adult son after learning that the son was married when the petition was filed.  The mother and son argued that the annulment of the son's marriage made the marriage void ab initio.

The court found that there was no jurisdiction to review the revocation of a visa petition because it is a discretionary determination.  INA 242(a)(2)(B)(ii).  The court relied on 205's language making revocation within the USCIS's discretion.  However, the agency has made revocation mandatory in certain situations, including this, thereby removing discretion from the analysis.  In this case, the revocation was pursuant to the automatic revocation regulation, 205.1(a)(3)(i)(I), based on the USCIS's interpretation of state law.

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