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Keywords

plaintiffjurisdictionattorneymotionvisacitizenship
plaintiffjurisdictionattorneymotionvisacitizenship

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Global Export/Import Link v. United States Citizenship & Immigration Servs

Facts

On February 13, 2003, Plaintiff Global Export/Import Link, Inc. filed a form I-129 Petition for Nonimmigrant Worker with the Bureau of Citizenship and Immigration Services on behalf of Abdul Shah. The petition sought to obtain a nonimmigrant worker visa for Shah by classifying him as an L-1A, a nonimmigrant, intra-company transferee in a managerial or executive capacity, in accordance with 101(a)(15)(L) of the Immigration and Nationality Act. The BCIS denied the petition on the grounds that Shah did not meet the L-1A classification requirements, and after reconsideration, the BCIS reaffirmed its denial.

On February 13, 2003, Plaintiff Global Export/Import Link, Inc. filed a form I-129 Petition for Nonimmigrant Worker with the Bureau of Citizenship and Immigration Services on behalf of Abdul Shah. The petition sought to obtain a nonimmigrant worker visa for Shah by classifying him as an L-1A, a nonimmigrant, intra-company transferee in a managerial or executive capacity, in accordance with 101(a)(15)(L) of the Immigration and Nationality Act. The BCIS denied the petition on the grounds that Shah did not meet the L-1A classification requirements, and after reconsideration, the BCIS reaffirmed its denial.

Issue

Whether the court has jurisdiction to review the BCIS's decision to deny the employer's visa petition.

Whether the court has jurisdiction to review the BCIS's decision to deny the employer's visa petition.

Rule

Review of the employer's claim is foreclosed by 8 U.S.C. 1252(a)(2)(B), which provides that no court shall have jurisdiction to review any decision or action of the Attorney General that is specified under this title to be in the discretion of the Attorney General.

Review of the employer's claim is foreclosed by 8 U.S.C. 1252(a)(2)(B), which provides that no court shall have jurisdiction to review any decision or action of the Attorney General that is specified under this title to be in the discretion of the Attorney General.

Analysis

The court determined that the BCIS's decision to deny the employer's visa petition was a discretionary one under 8 U.S.C.S. 1184(c). The court concluded that it could not review the BCIS's decision or the factual findings on which it was based, as the jurisdiction stripping provision of 1252(a)(2)(B)(ii) precludes such review.

The court determined that the BCIS's decision to deny the employer's visa petition was a discretionary one under 8 U.S.C.S. 1184(c). The court concluded that it could not review the BCIS's decision or the factual findings on which it was based, as the jurisdiction stripping provision of 1252(a)(2)(B)(ii) precludes such review.

Conclusion

The court granted the BCIS's motion and dismissed the employer's suit with prejudice.

The court granted the BCIS's motion and dismissed the employer's suit with prejudice.

Who won?

The U.S. Bureau of Citizenship and Immigration Services prevailed in the case because the court found it lacked jurisdiction to review the discretionary decision made by the BCIS.

The U.S. Bureau of Citizenship and Immigration Services prevailed in the case because the court found it lacked jurisdiction to review the discretionary decision made by the BCIS.

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