Bouarfa v. Mayorkas

Amina Bouarfa, a U.S. citizen, filed an immigrant visa petition for her noncitizen spouse. U.S. Citizenship and Immigration Services initially approved the petition but later revoked it after finding the marriage was entered into for immigration purposes. The Board of Immigration Appeals affirmed, and Bouarfa sued in federal court, arguing the revocation was arbitrary and violated due process. The district court dismissed for lack of jurisdiction, and the Eleventh Circuit affirmed. The Supreme Court granted certiorari. On December 10, 2024, the Court unanimously held that the Secretary of Homeland Security's decision to revoke a visa petition under 8 U.S.C. § 1155 is committed to agency discretion by law and therefore not subject to judicial review under the Administrative Procedure Act.

The U.S. Supreme Court unanimously affirmed the Eleventh Circuit, holding that the visa revocation decision is committed to agency discretion by law and is not subject to judicial review.

Whether 8 U.S.C. § 1155 grants the Secretary of Homeland Security discretionary authority to revoke an approved visa petition, thereby precluding judicial review under the Administrative Procedure Act.

The ruling reinforces executive branch discretion in immigration visa revocation decisions, limits judicial recourse for U.S. citizens challenging such revocations, and underscores the broad application of the discretionary function exception in immigration law.