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POLFLIET v. CUCCINELLI

No. 18-2310.

955 F.3d 377 (2020)

Robert John POLFLIET; Masato Kimiki, Plaintiffs-Appellants, v. Kenneth T. CUCCINELLI, Senior Official Performing the Duties of the Director, U.S. Citizenship and Immigration Services; William P. Barr, Attorney General of the United States, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 7, 2020.

Attorney(s) appearing for the Case

ARGUED: Bradley Bruce Banias , WASDEN BANIAS LLC, Mount Pleasant, South Carolina, for Appellant. Theo Nickerson , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Joseph H. Hunt , Assistant Attorney General, William C. Peachey , Director, William C. Silvis , Assistant Director, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Niemeyer and Judge Floyd joined.

Section 242 of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1252(a)(2)(B)(ii), deprives courts of jurisdiction to review decisions committed to agency discretion. Section 205 of the INA, 8 U.S.C. § 1155, specifies that the "Secretary of Homeland Security may, at...

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