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BERNARDO EX REL. M & K ENGINEERING, INC. v. JOHNSON

No. 15-1177.

814 F.3d 481 (2016)

Henry BERNARDO, on behalf of M & K ENGINEERING, INC.; Samuel Marinho Freitas; Ruth Lopes Freitas; Daniel Lopes Freitas; Graciane Lopes Freitas; Graziela Lopes Freitas, Plaintiffs, Appellants, v. Jeh C. JOHNSON, Secretary, United States Department of Homeland Security; Loretta Lynch, Attorney General; Alejandro Mayorkas, Director, United States Citizenship and Immigration Service; Gregory A. Richardson, Director, Texas Service Center; Ron Rosenberg, Acting Chief, Administrative Appeals Office, United States Citizenship and Immigration Service, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 29, 2016.

Attorney(s) appearing for the Case

Annelise Maia Jatoba de Araujo , with whom Araujo & Fisher, LLC was on brief, for appellants.

Aaron S. Goldsmith , Senior Litigation Counsel, District Court Section, Office of Immigration Litigation, United States District Court Section, Office of Immigration Litigation, and Jeffrey S. Robins , Assistant Director, District Court Section, Office of Immigration Litigation, were on brief, for appellees.

Before HOWARD, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

This case raises a question of first impression in our circuit: whether 8 U.S.C. § 1252(a)(2)(B)(ii), which precludes judicial review of the Attorney General's and the Secretary of Homeland Security's discretionary decisions under Title 8, Chapter 12, Subchapter II, applies to the revocation of visa petition approvals...

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