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HERRERA v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES

No. 08-55493.

571 F.3d 881 (2009)

Tricia HERRERA; and Jugendstil, Inc., Plaintiffs-Appellants, v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES; and Robert Wiemann, Director, Administrative Appeals Office, U.S. Citizenship and Immigration Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2009.

Attorney(s) appearing for the Case

John B. Bartos and Charles M. Miller, The Miller Law Offices, Studio City, CA, for the plaintiffs-appellants.

Sherease Pratt, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before JOHN T. NOONAN, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

OPINION

GRABER, Circuit Judge:

The United States Citizenship and Immigration Services ("agency") may revoke its previous approval of a visa petition "at any time" for "good and sufficient cause." 8 U.S.C. § 1155. We must determine whether the enactment of 8 U.S.C. § 1154(j) altered the agency's revocation authority. We hold that it did not. Because the agency's decision is otherwise free of legal error and supported by substantial evidence, we...

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