Camphill Soltane v. Us Department of Justice Immigration & Naturalization Service

How courts have described this case

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

• holding that a provision that “sets forth specific eligibility requirements, with instructions that the visa ‘shall’ issue if those requirements are met” is not discretionary and is judicially reviewable
• holding that a denial of an employment-based visa petition is subject to court oversight despite § 1252(a)(2)(B)(ii) because § 1153(b)(4) states that \special immigrant\ employment-based visas \shall be made available\ upon satisfaction of certain conditions
• holding there is judicial review of denials of visa petitions under 8 U.S.C. § 1153(b)(4), which provides that \[v]isas shall be made available . . . to qualified special immigrants\
• noting that the AAO reviewed record of a visa applicant de novo
• we have jurisdiction when, inter alia, statute instructs that “the visa ‘shall’ issue if those requirements are met”
• “[W]e are required to consider the issue of subject matter jurisdiction, even though neither party contends that it is lacking here.”

Source: CourtListener parenthetical corpus (CC0).