Bombay Mahal Restaurant, Inc. v. Holder

ORDER ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT

SOROKIN, District Judge.

Plaintiffs appeal from a decision of the Administrative Appeals Office (“AAO”) of the United States Citizenship and Immigration Services (“USCIS”) revoking a previously issued visa petition. The US-CIS asserts that the Court lacks subject matter jurisdiction over this challenge. More specifically, the USCIS points the Court to 8 U.S.C. § 1252(a)(2)(B), which provides:

(B) Denials of discretionary relief Notwithstanding any other provision of law (statutory or nonstatutory),…