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Keywords

defendantjurisdictionattorneycitizenship
defendantjurisdictionattorneycitizenship

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Sharif v. Chertoff

Facts

Richard Sharif, a U.S. citizen residing in Illinois, filed a 129-F Fiance Petition for Ms. Barrah Khesfha in February 2006. After submitting the petition and a processing fee, he inquired about its status in July 2006 but received no response. Following further inquiries, he learned that the petition was under security review. By March 2007, the CIS indicated it was processing the case but did not provide a timeline for completion. Sharif claimed the delay was unreasonable and sought judicial intervention.

Richard Sharif, a U.S. citizen residing in Illinois, filed a 129-F Fiance Petition for Ms. Barrah Khesfha in February 2006. After submitting the petition and a processing fee, he inquired about its status in July 2006 but received no response. Following further inquiries, he learned that the petition was under security review. By March 2007, the CIS indicated it was processing the case but did not provide a timeline for completion. Sharif claimed the delay was unreasonable and sought judicial intervention.

Issue

Whether the court has jurisdiction to compel CIS to approve Sharif's Fiance Petition or to accelerate the pace of its processing.

Whether the court has jurisdiction to compel CIS to approve Sharif's Fiance Petition or to accelerate the pace of its processing.

Rule

Under 8 U.S.C. 1252(a)(2)(B)(ii), courts lack jurisdiction to review discretionary decisions made by the Attorney General regarding immigration matters, including the approval of Fiance Petitions.

Under 8 U.S.C. 1252(a)(2)(B)(ii), courts lack jurisdiction to review discretionary decisions made by the Attorney General regarding immigration matters, including the approval of Fiance Petitions.

Analysis

The court determined that it could not compel CIS to approve the Fiance Petition as this decision was discretionary under the law. Furthermore, the court found that it lacked jurisdiction to order CIS to expedite its processing of the petition, as the pace of adjudication also fell under the discretionary authority of the Attorney General, as outlined in 1252(a)(2)(B)(ii). The court referenced various district court decisions that supported this interpretation.

The court determined that it could not compel CIS to approve the Fiance Petition as this decision was discretionary under the law. Furthermore, the court found that it lacked jurisdiction to order CIS to expedite its processing of the petition, as the pace of adjudication also fell under the discretionary authority of the Attorney General, as outlined in 1252(a)(2)(B)(ii).

Conclusion

The court dismissed the case with prejudice, concluding that it lacked subject matter jurisdiction over Sharif's claims.

The court dismissed the case with prejudice, concluding that it lacked subject matter jurisdiction over Sharif's claims.

Who won?

Defendants (U.S. Citizenship and Immigration Services) prevailed because the court found it lacked jurisdiction to compel action on the Fiance Petition.

Defendants (U.S. Citizenship and Immigration Services) prevailed because the court found it lacked jurisdiction to compel action on the Fiance Petition.

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