Bernardo Ex Rel. M & K Engineering, Inc. v. Johnson

LYNCH, Circuit Judge.

This case raises a question of first impression in our circuit: whether 8 U.S.C. § 1252(a) (2) (B) (ii), which precludes 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. Taking the same view as most other circuits, we conclude that it does and so judicial review is precluded.

Title 8, section 1252 of the U.S.Code precludes judicial review of discretionary decisions made by the Attorney General and…