United States Third Circuit

An order dismissing a complaint brought by a company and employee for lack of subject matter jurisdiction is affirmed where the district court properly determined that a decision by the attorney general under 8 U.S.C. section 1155 to revoke a prior approval of a visa petition was an act of administrative discretion that was statutorily shielded from court review, and there was no jurisdiction to review plaintiffs' constitutional claims regarding the decision.

Appellate Information

• Argued 04/03/2006
• Decided 05/10/2006
• Published 05/10/2006

Judges

• Before RENDELL, SMITH, and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Isaac Fromm, Martin L. Rothstein, (Argued), Barst & Mukamal, LLP, New York, New York, for Appellants.


• For Appellees:
  
• Pamela Perron, Office of United States Attorney, Newark, NJ, David V. Bernal, Barry J. Pettinato, (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Appellee.