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"The Secretary's discretion may work to the advantage of visa-petition beneficiaries," the courtroom's ruling observed, as DHS can pick out not to revoke petitions even when the Preliminary acceptance was faulty.The eleventh Circuit experienced Beforehand upheld the dismissal of Bouarfa's assert, agreeing which the discretionary character of the choice positioned it further than the scope of judicial review.
Bouarfa argued that USCIS's actions were arbitrary and capricious, but the Supreme Court ruled which the authority to revoke visa petitions was squarely in just DHS's discretion.
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The Supreme Court docket affirmed this ruling, resolving a split among reduce courts within the concern of irrespective of whether visa revocations could be challenged in federal court.
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"The reality that this type of dedication cart cases would have prevented the company from approving the petition in the 1st instance, the Board [of Immigration Appeals] identified, constituted 'great and ample bring about' for revocation," the Substantial Courtroom's ruling states.
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Legal professionals say the decision highlights a rising development of judicial deference to govt branch discretion in immigration matters.