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

The majority holds that a decision by the Secretary of Homeland Security (“Secretary’) to revoke his prior approval of a *495visa petition based on objective criteria is insulated from judicial review. In my view, the Secretary’s visa revocation decision is subject to judicial review because the text of the pertinent statutes, the nature of the visa revocation decisions, and the overall statutory scheme do not rebut the presumption of judicial review applicable to immigration statutes. Hence, I respectfully dissent.

I

The two statutory provisions at issue are 8 U.S.C. §§ 1252(a)(2)(B) and 1155 of…