Bouarfa v. Mayorkas
In brief
The government won: courts cannot review this type of visa-petition revocation.
- Where it stands
- Decided
Decided 9-0 · December 10, 2024 · Opinion by Justice Jackson
- What it’s about
- The Supreme Court ruled that federal courts lack jurisdiction to review the Department of Homeland Security's decision to revoke a previously approved visa petition, even when based on a finding of a sham marriage.
- Who it affects
- Visa petitioners whose approvals are revoked after a sham-marriage finding cannot ask federal courts to reconsider that revocation. For example, a petitioner facing such a revocation must pursue available agency processes rather than a federal court challenge.
Summary: written with AI from the case record.
What it's about
The Court determined that such revocations are discretionary agency decisions that Congress has specifically shielded from judicial review.
The case concerns limits Congress placed on court review of discretionary immigration decisions.
Question presented
May a visa petitioner obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria?
What the Court decided
Holding
Revocation of an approved visa petition under §1155 based on a sham-marriage determination by the Secretary is the kind of discretionary decision that falls within the purview of §1252(a)(2)(B)(ii), which strips federal courts of jurisdiction to review certain actions “in the discretion of ” the agency. 75 F. 4th 1157, affirmed.
- Result
- Affirmed
The vote
From the opinions
“Revocation of an approved visa petition under §1155 based on a sham-marriage determination by the Secretary is the kind of discretionary decision that falls within the purview of §1252(a)(2)(B)(ii), which strips federal courts of jurisdiction to review certain actions “in the discretion of ” the agency.”
What's next
Lower courts will apply the decision to similar challenges and dismiss claims seeking review of these revocations. The Department of Homeland Security may continue making revocation decisions under this rule.
Documents
Docket activity
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More questions
- What did the Supreme Court rule in Bouarfa v. Mayorkas?
- The Court ruled that federal courts cannot review an approved visa petition's revocation based on a sham-marriage determination.
- Who won Bouarfa v. Mayorkas?
- The Department of Homeland Security won unanimously. The Court affirmed the Eleventh Circuit's decision.
- What does Bouarfa mean for visa petitioners?
- Visa petitioners cannot use federal court to challenge a revocation based on a sham-marriage finding. The revocation is treated as discretionary.
- What happens next after Bouarfa v. Mayorkas?
- Lower courts must follow the decision in similar cases. Affected petitioners cannot obtain federal court review of these revocations.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.