23-583 Bouarfa v. Mayorkas, Sec. of Homeland Security [10/15/24]

The Sidebar: Supreme Court of the United States

The case Bouarfa v. Mayorkas. The central issue is whether the revocation of an immigration petition, following a determination of sham marriage, is subject to judicial review. The petitioner argues that the revocation is mandatory and thus reviewable, citing statutory language and the government’s consistent practice. The respondent, the government, contends that the statute grants discretionary authority to revoke, precluding review, regardless of established practice. The justices explore the interplay of different statutory provisions and the implications for various immigration contexts. Disagreement centers on whether the statutory language regarding initial petition approval extends to subsequent revocations.