GHANEM v. UPCHURCH

No. 06-10499.

481 F.3d 222 (2007)

Sandy GHANEM; Ayed Ghanem, Plaintiffs-Appellants, v. Evelyn UPCHURCH, Acting Director, U.S. Citizenship & Immigration Services, Nebraska Service Center; Dr. Emilio Gonzalez, Director, U.S. Citizenship & Immigration Services; Michael Chertoff, Secretary, Department of Homeland Security; Alberto R. Gonzales, U.S. Attorney General, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 6, 2007.


Attorney(s) appearing for the Case

Sandy Ghanem, Weatherford, TX, pro se.

Joshua Turin, Turin, Turin & Olinger, Dallas, TX, for Ayed Ghanem.

Barry Joseph Pettinato, David V. Bernal, U.S. Dept. of Justice, Civil Div., Immigration Litigation, Washington, DC, for Defendants-Appellees.

Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

The sole argument raised on this appeal is whether the decision of the Secretary of Homeland Security to revoke a visa pursuant to 8 U.S.C. section 1155 is discretionary, thus stripping this Court of jurisdiction to review the decision. See 8 U.S.C. § 1252(a)(2)(B)(ii). Finding that the decision is an exercise of discretion, we affirm the district court's dismissal for lack of jurisdiction.

I. BACKGROUND

In 2002...

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