USCIS, July 16, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the new provisions added to the Immigration and Nationality...
DOS, July 15, 2024 " On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college...
Cyrus D. Mehta and Jessica Paszko, July 13, 2024 "Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs...
This document is scheduled to be published in the Federal Register on 07/12/2024 "The Department of State (the Department) publishes a final rule revising the Code of Federal Regulations to amend...
Visa Bulletin for August 2024
Jajati v. CBP
"We have jurisdiction under 28 U.S.C. § 1291. We hold that § 701(a)(2) does not bar judicial review of Jajati’s APA claims. Although CBP has broad discretion to revoke SENTRI memberships, the APA itself recognizes that discretion can be “abuse[d].” 5 U.S.C. § 706(2)(A). And the law governing SENTRI provides meaningful standards under which courts can review whether CBP wielded its discretion in a permissible manner. Jajati’s case is therefore not one of those rare instances in which we lack jurisdiction because “there is truly no law to apply.” See Perez Perez v. Wolf, 943 F.3d 853, 861 (9th Cir. 2019) (internal quotation marks omitted). Hence, we reverse the district court’s order which granted CBP’s motion to dismiss for lack of subject matter jurisdiction. We remand with instructions that the district court consider, in the first instance, whether CBP’s decision to revoke Jajati’s SENTRI membership violated the APA."
[Hats off to Saman Nasseri! Audio of the oral argument is here.]