Supreme Court· 12/10/2024

Bouarfa v. Mayorkas

Citations

604 U.S. 6
145 S. Ct. 24
220 L. Ed. 2d 245

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How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that the Secretary’s decision under § 1555 to revoke the agency’s prior approval of a visa was a discretionary decision that falls under § 1252(a)(2)(B)(ii
explaining that § 1252(a)(2)(B)(ii) bars judicial review of decisions “made discretionary by legislation.”
summarizing “the pathway to permanent legal status for a noncitizen spouse of a U.S. citizen”
declining to “resolve whether § 1252(a)(2)(B)(ii) strips courts of jurisdiction to review threshold determinations that the agency must make before exercising discretion”
characterizing § 1252(a)(2)(B) as “stripp[ing] federal courts of jurisdiction to review two categories of discretionary agency decisions.”
observing, in the context of 8 U.S.C. § 1154(b), that language providing the agency “shall . . . approve the [spousal visa] petition” if certain criteria were met was a “mandatory determination[]” by Congress

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Judges: Ketanji Brown Jackson

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