The U.S. Supreme Court (SCOTUS) is set to hear an immigration-related case that could have far-reaching consequences regarding visa petitions.
The case, named Bouarfa v. Mayorkas, revolves around whether someone who had their visa petition revoked as a result of non-discretionary rules can appeal the decision anyway.
The Supreme Court will hear arguments on October 15. Should it uphold the petition, it would mean that individuals could challenge such revocations if they believe the decision is incorrect even though the rules are supposedly clear.
The case in question began in 2014 when Amina Bouarfa, a U.S. citizen, submitted a form on behalf of her husband for him to be classified as her immediate relative under the Immigration and Nationality Act.
The petition was initially approved but revoked the next year, with authorities saying that Bouarfa's husband, Ala'a Hamayel, entered a previous marriage with the sole purpose of evading immigration laws.
Bouarfa took the decision to the Board of Immigration Appeals but was not successful. She then sued in in the U.S. District Court for the Middle District of Florida, arguing the decision was arbitrary.
The Secretary and Director sought to dismiss the complaint, but the district court ultimately granted the motion, saying that even though the action was based on nondiscretionary criteria, the action was discretionary and the court lacked subject-matter jurisdiction to review the decision. Bouarfa appealed to the Supreme Court in November of last year, with SCOTUS agreeing to hear the case in April 2024.
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