Poursina v. USCIS, No. 17-16579 (9th Cir. 2019)Annotate this Case
8 U.S.C. 1252(a)(2)(B)(ii) strips the federal courts of jurisdiction to review the denial of a national interest waiver. The Ninth Circuit affirmed the district court's dismissal of plaintiff's action challenging the denial of his petition for a national interest waiver related to his application for a work visa.
Section 1252(a)(2)(B)(ii) provides that no court shall have jurisdiction to review a decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security. The panel held that section 1153(b)(2)(B)(i)'s plain language specifies that the authority to grant (or to deny) a national interest waiver is in the discretion of the Attorney General. The panel also held that plaintiff's various claims simply repackaged his core grievance regarding the national interest waiver, and his due process claim failed because he received notice by regular mail to the address given.