US Court of Appeals Holds that District Court did not have Jurisdiction to Review USCIS Decision

The Court upheld the district court’s determination that it did not have jurisdiction to review the decision of USCIS to deny the petitioner’s 212(i) waiver. The USCIS had discretionary authority to deny the Plaintiff-Appellant’s application for a waiver of inadmissibility because judicial review of such decisions is available only for “constitutional claims or questions of law raised upon petition for review filed with an appropriate court of appeals.