Mehanna v. U.S. Citizenship & Immigration Serv., No. 11-1110 (6th Cir. 2012)
Annotate this CaseIn 2000, a citizen of Lebanon and a lawful permanent resident of the U.S., filed a Form I-130 relative visa petition on behalf of her son, as an unmarried, adult child of a permanent resident, under 8 U.S.C. 1153(a)(2). USCIS approved the petition. Five years later, the son married a U.S. citizen and was admitted as a conditional permanent resident; several months later, the marriage was annulled. In response to notice of intent to terminate his conditional permanent resident status, he indicated that he had separately applied to adjust his status based on the approved visa petition his mother had previously filed on his behalf. USCIS indicated that the status had been automatically revoked on the date of marriage to a citizen. DHS initiated removal. In a suit claiming that, under Michigan law, annulment voids a marriage ab initio, so that USCIS should treat him as though he were never married, the district court determined that the decision of the Secretary of Homeland Security to revoke a visa petition is discretionary and not subject to judicial review. The Sixth Circuit affirmed the dismissal for lack of jurisdiction.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.