Spencer Enterprises, Inc. v. United States

It is well established that the decision to grant or deny a visa petition is discretionary. The opinion of the court filed today is the first to hold that 8 U.S.C. § 1252(a)(2)(B)(rL) does not bar federal court jurisdiction over a discretionary decision of the Attorney General. The court’s opinion improperly holds that we have jurisdiction. In doing so, the court creates an inter-circuit and intra-circuit split. In addition, the court fails to give due deference to the Executive Branch in the immigration context.

I respectfully dissent.

I

The court’s opinion relies on general federal question…