On December 10, 2024, the Supreme Court issued a decision in Bouarfa v. Mayorkas, holding that a USCIS decision to revoke an approved visa petition was a discretionary decision over which federal court review was barred by 8 U.S.C. § 1252(a)(2)(B)(ii). Significantly, the Court stated in a footnote that it was “assum[ing],” without “deciding” that this statutory bar to review applied when the noncitizen was not in removal proceedings, thus leaving open the question raised by NILA, the Northwest Immigrant Rights Project, and Van Der Hout LLP, in their amicus brief. A copy of the decision can be found here, and a copy of the amicus brief can be found here.
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