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Green v. Napolitano, No. 10-1156

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By FindLaw Staff on December 21, 2010 4:28 PM

Action Concerning Revocation of I-130 Petition

In Green v. Napolitano, No. 10-1156, an action claiming that the revocation of petitioners' I-130 petition violated their constitutional due process rights because they never had the opportunity to confront or cross-examine petitioner's former spouse, the court affirmed the dismissal of the action for lack of jurisdiction where 8 U.S.C. section 1252(a)(2)(B)(ii) stripped the district court of jurisdiction to review a section 1155 revocation.

As the court wrote:  "In this immigration appeal, we are asked to determine whether a decision under 8 U.S.C. § 1155 to revoke a petition for immigrant status is discretionary. If so, the decision is unreviewable in district court, because 8 U.S.C. § 1252(a)(2)(B)(ii) strips courts of the jurisdiction to review certain discretionary decisions. Like the parties, the district court believed that this was a question of first impression in this circuit; it predicted we would follow those courts that have concluded a § 1155 revocation is discretionary and hence not subject to judicial review."

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Read the Tenth Circuit's Decision in Green v. Napolitano, No. 10-1156

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