Dist. Ct. did not err in dismissing for lack of jurisdiction alien’s action under Administrative Procedure Act that challenged USCIS’s revocation of alien’s I-526 petition for conditional permanent residency, where alien sought visa for immigrants who invest in new job-creating enterprises. Alien filed said petition based on his and others’ investment in assisted living facility, and Dist. Ct. could properly find that it lacked jurisdiction under 8 USC section 1252(a)(2)(B)(ii) to review USCIS’s discretionary revocation of alien’s visa petition. Ct. further rejected alien’s claim that Dist. Ct. had jurisdiction because he had raised procedural challenge, since: (1) alien’s claim was essentially contention that USCIS had committed violation by overlooking favorable evidence; and (2) alien’s action was actually challenge to agency’s substantive decision to deny alien’s petition.
Federal 7th Circuit Court
Civil Court
Immigration