Court Limits Authority to Review National Interest Waiver Revocation
The First Circuit Court of Appeals has affirmed that a federal court lacks jurisdiction to review the revocation of an approved National Interest Waiver (NIW) and an I-140 petition in the case of Guedes v. Mayorkas. The court found that the revocation of the I-140 petition and the underlying NIW were unreviewable under 8 U.S.C. § 1252(a)(2)(B)(ii). These decisions are within the discretion of the Attorney General and the Secretary of Homeland Security.
Background of the Case
The case involved plaintiffs Viana Guedes, her husband Pedro Guedes, and their daughter. Viana Guedes, a Brazilian national and physician, sought an employment-based immigrant visa based on a National Interest Waiver (NIW). Citizenship and Immigration Services (USCIS) in 2017. Subsequently, she and her family filed for adjustment of status to become lawful permanent residents.
The Revocation and Lawsuit
In 2021, however, USCIS revoked the approval of Guedes’s NIW and I-140 petition. As a result, the agency denied her family’s applications for adjustment of status. The Guedes family then sued in federal district court, arguing that USCIS’s actions were unlawful and that the denial of their applications was arbitrary and capricious. They also claimed that USCIS’s actions violated their due process rights.
The First Circuit’s Decision
The First Circuit affirmed the district court’s decision. It held that the denial of an adjustment of status is a discretionary decision unreviewable by federal courts under 8 U.S.C. § 1252(a)(2)(B)(i). The court further held that the revocation of an I-140 petition and NIW is also a discretionary action. Therefore, it is not subject to judicial review under 8 U.S.C. § 1252(a)(2)(B)(ii). The court rejected the plaintiffs’ due process claims, explaining that the INA’s comprehensive statutory framework for immigration matters limits the courts’ ability to review such decisions. The court concluded that it could not review the merits of USCIS’s decision to revoke the petition, regardless of whether that decision was correct. The full text of the court opinion for
