United States Fourth Circuit

Order of BIA finding that an IJ lacks jurisdiction to determine whether an approved visa petition remains valid under applicable law, when the holder of the visa petition has changed employment, is vacated where this determination does lie within the jurisdiction of an IJ.

Appellate Information

• Argued 11/28/2006
• Decided 02/22/2007
• Published 02/22/2007

Judges

• Before KING, SHEDD, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David J. Rothwell, O'Toole, Rothwell, Nassau & Steinbach, Washington, D.C., for Petitioner.  Carol Federighi, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.   ON BRIEF:  Jeffrey B. O'Toole, O'Toole, Rothwell, Nassau & Steinbach, Washington, D.C., for Petitioner.  Peter D. Keisler, Assistant Attorney General, M. JocelynLopez Wright, Assistant Director, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.  Trina Realmuto, Mary Kenney, Washington, D.C., for Amicus Supporting Petitioner.