Bouarfa v. Mayorkas
Holding
Revocation of an approved visa petition under 8 U.S.C. § 1155 based on a sham-marriage determination by the Secretary of Homeland Security is the kind of discretionary decision that falls within the purview of Section 1252(a)(2)(B)(ii), which strips federal courts of jurisdiction to review certain actions "in the discretion of" the agency.
Judgment
Affirmed, 9-0, in an opinion by Ketanji Brown Jackson on Dec 10, 2024.
Oct 13, 2023Application (23A348) to extend the time to file a petition for a writ of certiorari from October 26, 2023 to December 11, 2023, submitted to Justice Thomas.
Oct 18, 2023Application (23A348) granted by Justice Thomas extending the time to file until November 27, 2023.
Nov 27, 2023Petition for a writ of certiorari filed. (Response due January 2, 2024)Nov 27, 2023Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Dec 7, 2023Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
Dec 8, 2023Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2024.
Jan 2, 2024Brief amici curiae of Former Executive Office for Immigration Review Judges filed.Jan 22, 2024Motion to extend the time to file a response from February 1, 2024 to February 29, 2024, submitted to The Clerk.
Jan 23, 2024Motion to extend the time to file a response is granted and the time is further extended to and including February 29, 2024.
Feb 29, 2024Brief of respondent Alejandro Mayorkas, Secretary of Homeland Security, et al. in opposition filed.Mar 19, 2024Reply of petitioner Amina Bouarfa filed. (Distributed)Mar 20, 2024DISTRIBUTED for Conference of 4/12/2024.
Apr 15, 2024DISTRIBUTED for Conference of 4/19/2024.
Apr 22, 2024DISTRIBUTED for Conference of 4/26/2024.
Apr 29, 2024Petition GRANTED.
Apr 29, 2024As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
May 7, 2024Motion for an extension of time to file the briefs on the merits filed.May 13, 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 3, 2024. The time to file respondents' brief on the merits is extended to and including August 22, 2024.
Jul 3, 2024Brief of petitioner Amina Bouarfa filed.Jul 3, 2024Joint appendix filed. (Statement of costs filed)Jul 10, 2024Brief amici curiae of Administrative and Immigration Law Professors filed.Jul 10, 2024Brief amici curiae of National Immigrant Justice Center, et al. filed.Jul 10, 2024Brief amici curiae of Former Executive Office for Immigration Review Judges filed.Jul 10, 2024Brief amici curiae of American Immigrant Investor Alliance, American Lending Center Holdings and Century American Regional Center filed.Jul 10, 2024Brief amici curiae of Northwest Immigrant Rights Project, National Immigration Litigation Alliance, American Immigration Council filed.Jul 10, 2024Brief amici curiae of The American Civil Liberties Union and the ACLU of Florida filed.Jul 26, 2024SET FOR ARGUMENT on Tuesday, October 15, 2024.
Jul 29, 2024Record requested from the United States Court of Appeals for the Eleventh Circuit.
Aug 5, 2024Record received electronically from the United States District Court for the Middle District of Florida and available with the Clerk.
Aug 8, 2024CIRCULATED
Aug 13, 2024Record received from the United States Court of Appeals for the Eleventh Circuit. The record is electronic and is available on PACER.
Aug 22, 2024Brief of Mayorkas, Alejandro not accepted for filing.(Duplicate submission) (August 29, 2024)
Aug 22, 2024Brief of respondents Alejandro Mayorkas, Secretary of Homeland Security, et al. filed. (Distributed)Aug 28, 2024Brief amicus curiae of Thomas Fuller Ogden filed. (Distributed)Aug 29, 2024Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)Sep 23, 2024Reply of petitioner Amina Bouarfa filed. (Distributed)Oct 15, 2024Argued. For petitioner: Samir Deger-Sen, New York, N. Y. For respondents: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Dec 10, 2024Adjudged to be AFFIRMED. Jackson, J., delivered the opinion for a unanimous Court.
Jan 13, 2025Judgment Issued.Recommended Citation: Bouarfa v. Mayorkas, SCOTUSblog, https://www.scotusblog.com/cases/bouarfa-v-mayorkas/