Mehanna v. US CITIZENSHIP AND IMMIGRATION SERVS., 677 F.3d 312

Mehanna, a Lebanese citizen and US permanent resident, filed an I-130 for her son Barakat in 2000; USCIS approved the petition in 2001.
Barakat married a US citizen in 2006 and obtained conditional permanent residence in 2007; the marriage was annulled in 2008.
USCIS proposed termination of Barakat’s conditional status due to the annulment within two years of obtaining status.
In 2009 USCIS notified that Barakat’s I-130 classification had been automatically revoked upon marriage; Mehanna had separately applied to adjust Barakat’s status.
Barakat and Mehanna sued, arguing the petition remained valid under Michigan law; the district court dismissed for lack of jurisdiction under 8 U.S.C. § 1252(a)(2)(B)(ii) because the revocation was discretionary.
The Sixth Circuit affirmed, holding that the Secretary’s revocation of a visa petition under § 1155 is discretionary and not reviewable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §1252(a)(2)(B)(ii) strips appellate review of §1155 visa-petition revocation.	Mehanna/Barakat contend §1252(a)(2)(B)(ii) allows review of discretionary actions.	Secretary’s §1155 revocation is discretionary and thus exempt from review.	Yes; §1155 revocation is discretionary, barred from review.

Berhane v. Holder, 606 F.3d 819 (6th Cir.2010) (compares discretion in asylum/other decisions; informs jurisdictional scope under §1252(a)(2)(B)(ii))
Valenzuela-Alcantar v. INS, 309 F.3d 946 (6th Cir.2002) (discretionary effect of §1155 discussed in jurisdictional context)
Green v. Napolitano, 627 F.3d 1341 (10th Cir.2010) (holds §1155 revocation is discretionary and review is precluded)
Abdelwahab v. Frazier, 578 F.3d 817 (8th Cir.2009) (discretionary nature of visa petition revocation under §1155)