Dec v. Mullin

Plaintiff, who was present in the country unlawfully for more than one year, sought a waiver of inadmissibility in an attempt to be eligible to obtain a family-based visa. The agency denied her application of waiver and she challenged the agency’s decision in federal court. The district court dismissed the claim for lack of subject-matter jurisdiction and plaintiff appealed. The Seventh Circuit affirmed, explaining that the applicable federal statute unequivocally precludes judicial review of all agency decisions as to waivers, including eligibility determinations. (EASTERBROOK and TAIBLESON, concurring)