DISCRETIONARY

Bouarfa v. Mayorkas

Issues

Can a visa petitioner challenge an immigration visa revocation decision in court if the revocation is based on the incorrect application of non-discretionary criteria?

The questions for the Supreme Court to consider are: first, whether USCIS can revoke a visa petition on discretionary grounds based on non-discretionary reasoning; second, whether courts can examine this decision to revoke a visa petition; and third, whether an applicant can order a review of a court’s petition denial. Petitioner Amina Bouarfa argues that courts should be able to review discretionary USCIS decisions where the premise for the decision is non-discretionary, and that an applicant is entitled to a court review these decisions. Respondents Alejandro Mayorkas and the Department of Homeland Security counter that the plain statutory language of immigration law prohibits Article III court review of these discretionary decisions; and, instead, USCIS has control over reviewing and reversing immigration decisions. The outcome of this case will influence the balance of power between the executive and judicial branches.

Questions as Framed for the Court by the Parties

Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of non-discretionary criteria.

In 2014, Petitioner Amina Bouarfa, a U.S. citizen, filed an I-130 immediate relative visa petition with U.S. Citizenship and Immigration Services (“USCIS”), a division of the Department of Homeland Security (“the agency”), on behalf of her husband, Ala’a Hamayel, a noncitizen from Palestine. Bouarfa v. Mayorkas at 2–3. Upon approval from USCIS, an I-130 petition allows a U.S.

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Patel v. Garland

Issues

Under the Immigration and Nationality Act, when can a federal court review a decision that a noncitizen was not eligible to request relief from removal proceedings?

This case asks the Supreme Court to determine whether 8 U.S.C. § 1252(a)(2)(B)(i) allows a federal court to review decisions by an executive agency holding that a noncitizen was not eligible for relief from removal. The Eleventh Circuit claimed judicial review of such decisions was barred by 8 U.S.C. § 1252(a)(2)(B)(i) and declined to review a Board of Immigration Appeals decision, which held that because Petitioner Pankajkumar Patel (“Patel”) had previously made a false statement to a federal agency, he was not eligible for such relief. Patel appealed, arguing that 8 U.S.C. § 1252(a)(2)(B)(i) merely bars judicial review of decisions to grant relief, not the prerequisite eligibility decisions. Respondent Attorney General Merrick Garland (“Garland”) interprets the provision to bar judicial review of any discretionary decision, including some eligibility decisions, although he agrees that the Eleventh Circuit erred in holding that 8 U.S.C. § 1252(a)(2)(B)(i) prohibits judicial review of Patel’s particular eligibility decision. This case has important implications for the future of immigration law and procedure, the status of noncitizens in the United States, and the jurisdiction of federal courts.

Questions as Framed for the Court by the Parties

Whether 8 U.S.C. 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a non-discretionary determination that a noncitizen is ineligible for certain types of discretionary relief from removal.

Patel came to the United States from India with his family in 1992. Patel v. Att’y Gen. (“Patel I”) at 1322. Patel entered the country unlawfully in violation of 8 U.S.C. § 1182(a)(6)(A)(i). Under this statute, the government must either admit or parole foreign citizens upon entry.

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