United States Eighth Circuit

In an action seeking an order compelling officials of the Department of Homeland Security (DHS) to approve a spousal immigrant visa petition, and to set aside the agency's revocation of a previously approved immigrant worker visa petition, dismissal of Egyptian petitioner's action is affirmed where the court correctly concluded that it lacked jurisdiction to review revocation of petitioner's I-140 immigrant worker visa, as the Secretary of Homeland Security has the discretion to revoke the approval of the petition and is not subject to judicial review under 8 U.S.C. section 1155.

Appellate Information

• Decided 08/26/2009
• Published 08/26/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, EBEL  and CLEVENGER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Herbert Igbanugo, argued, Dyan Williams, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Samuel P. Go, USDOJ, argued, Washington, DC, Robyn A. Millenacker, AUSA, on the brief, Minneapolis, MN, for appellee.