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GREEN v. NAPOLITANO

No. 10-1156.

627 F.3d 1341 (2010)

Reginald GREEN; Njideka Frances Abajue, Plaintiffs-Appellants, v. Janet NAPOLITANO, Secretary of Homeland Security; District Director Denver District Office of the United States Citizenship and Immigration Services; United States Citizenship and Immigration Services; Immigration and Customs Enforcement, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 21, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Olusegun Asekun , The Law Office of Olu Asekun, Arlington, TX, for Plaintiffs-Appellants.

Tony West , Assistant Attorney General, Civil Division, Samuel P. Go , Senior Litigation Counsel, Flor M. Suarez , Trial Attorney, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Before TYMKOVICH, Circuit Judge, PORFILIO, Senior Circuit Judge, and GORSUCH, Circuit Judge.

TYMKOVICH, Circuit Judge.

In this immigration appeal, we are asked to determine whether a decision under 8 U.S.C. § 1155 to revoke a petition for immigrant status is discretionary. If so, the decision is unreviewable in district court, because 8 U.S.C. § 1252(a)(2)(B)(ii) strips courts of the jurisdiction to review certain discretionary decisions.1 Like the parties, the district court...

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