United States Third Circuit

In an appeal of a denied Form I-130 Petition for Alien Relative, after the defendant agency determined that husband posed a risk to his alien wife, the beneficiary of the petition, due to husband's prior criminal convictions that included sexual offenses against minors, the district court's grant of summary judgment to the agency, on grounds that it lacked subject matter jurisdiction per 8 U.S.C. section 1252(a)(2)(B)(ii), is affirmed over petitioners' argument that the district court possessed jurisdiction because their claims involve legal and constitutional issues and they do not challenge the agency decision itself, where the plain language of 8 U.S.C. section 1252(a)(2)(B)(ii) and Lee v. U.S. Citizenship & Immigration Servs., 592 F.3d 612 (4th Cir. 2010), compel the court to affirm.

Appellate Information

• Published 2017/03/08

Judges

• THACKER

Court

• United States Third Circuit

Counsel