United States Eighth Circuit

In an action for declaratory judgment asking the district court to declare unlawful the United States Citizenship and Immigration Service's (USCIS) denial of an I-130 Petition for Alien Relative and asking the district court to provide appropriate injunctive relief, the dismissal of the action is reversed where, in light of the Supreme Court's decision in Kucana, the jurisdictional bar of 8 U.S.C. section 1252(a)(2)(B)(ii) did not preclude judicial review of the denial of an I-130 petition.

Appellate Information

• Decided 08/05/2010
• Published 08/05/2010

Judges

• Kermit M. Bye

Court

• United States Eighth Circuit

Counsel