Bernardo v. Johnson, No. 15-1177 (1st Cir. 2016)
Annotate this CaseM&K Engineering, Inc. filed an I-140 Immigration Petition for Alien Worker for its employee. The United States Citizenship and Immigration Services (USCIS) initially approved the visa petition. The Director of the USCIS Texas Service Center subsequently revoked the approval of the visa petition. M&K’s owner Henry Bernardo administratively appealed the revocation decision. The USCIS Administrative Appeals Office affirmed the decision and dismissed the appeal. Bernardo, as owner of M&K, then filed a complaint in the Massachusetts federal district court challenging the revocation of the visa petition approval. The district court dismissed the case for lack of subject matter jurisdiction. The First Circuit affirmed, holding that 8 U.S.C. 1252(1)(2)(B)(ii), which bars judicial review of the Attorney General’s and the Secretary of Homeland Security’s discretionary decisions under Title 8, Chapter 12, Subchapter II, applies to the revocation of visa petition approvals under 8 U.S.C. 1155.
The court issued a subsequent related opinion or order on February 5, 2016.
The court issued a subsequent related opinion or order on February 24, 2016.
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