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Firstland International Inc. v. United States Immigration and Naturalization Service

Plaintiffs Firstland International, Inc. and Shao Zeng Chai appeal from an order of the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge), dismissing plaintiffs' action for lack of subject matter jurisdiction. Plaintiffs claim that the District Court erred in.....

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Plaintiffs Firstland International, Inc. and Shao Zeng Chai appeal from an order of the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge), dismissing plaintiffs’ action for lack of subject matter jurisdiction. Plaintiffs claim that the District Court erred in holding that 8 U.S.C. § 1252(a)(2)(B)(ii) precludes judicial review of the decision of the Immigration and Naturalization Service (now the Bureau of Citizenship and Immigration Services) to revoke a previously approved immigrant visa petition filed by Firstland on behalf of Chai. Plaintiffs raise an issue of first impression in the courts of appeals: Whether, under 8 U.S.C. § 1155, a previously approved immigrant visa petition may be revoked where the beneficiary is already inside the United States.

Vacated and remanded.

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