United States Fifth Circuit

In an action against the Secretary of the Department of Homeland Security, another official, and an agency seeking declaratory, injunctive, and mandamus relief from adverse immigration decisions by the officials, grant of the government's motion to dismiss is reversed in part and remanded where the district court incorrectly concluded that it lacked subject matter jurisdiction to review the denial of plaintiff-wife's I-130 visa petition. Determinations regarding the validity of marriage for I-130 petition purposes are not discretionary within the meaning of 8 U.S.C. section 1252(a)(2)(B), and thus are subject to review by courts.

Appellate Information

• Decided 02/08/2008
• Published 02/11/2008

Judges

• PER CURIAM:, Before WIENER, BARKSDALE, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Ike Nkem Atah Waobikeze, Waobikeze & Associates, Houston, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Samuel G. Longoria, Houston, TX, for Defendants-Appellees.