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Oral Arguments in Supreme Court in Bouarfa v. Mayorkas, Visa Revocation Case

West façade of the Supreme Court Building.

The Supreme Court its first oral argument of an immigration case (Bouarfa v. Mayorkas) in the 2024 Term. The question presented in the case is whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria.

Here is the preview to the argument.

Transcript here.

Audio here.

Case documents here.

Kaelan Deese for the Washington Examiner reports on the oral arguments:

“The Supreme Court appears poised to uphold a decision by the Department of Homeland Security to revoke the visa of a U.S. citizen’s husband after evidence surfaced that he used a `sham marriage’ to enter the country illegally. The decision could have sweeping implications for future immigration policies.

Justices were tasked with reviewing a statute passed by Congress that says federal courts can only review initial denials of visa applications, but not any actions that the DHS takes later in the process to revoke a visa it’s already granted. Congress intended to prevent federal courts from overriding the DHS’s authority when making the agency decide to revoke a visa status.”
 
KJ

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