Roland v. USCIS, No. 15-2529 (4th Cir. 2017)
Annotate this CaseRobert S. Roland and his wife filed suit against USCIS and related government officials after Roland's Form I-130 Petition for Alien Relative, filed on behalf of his wife, was denied. The USCIS concluded that Roland posed a risk to his wife based on his prior convictions for criminal offenses, including sexual offenses against minors. The district court granted summary judgment to USCIS, concluding that it lacked subject matter jurisdiction under 8 U.S.C. 1252(a)(2)(B)(ii). Based on the plain language of section 1252(a)(2)(B)(ii) and its application of the same in Lee v. U.S. Citizenship & Immigration Servs., the court agreed that the district court lacked subject matter of certain discretionary agency decisions, including the denial of an application for adjustment of status. Accordingly, the court affirmed the judgment.
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