Court Lacks Jurisdiction to Hear Immigration Case on Visa Delay

April 10, 2024, 9:55 PM UTC

Courts lack the authority to review challenges to the delay in the processing of visa applications seeking lawful permanent residency because that process is committed to the discretion of the US attorney general, the Fifth Circuit said.

Ashok Cheejati—along with four others on employment-based visas from India—challenged the delay in processing their applications to adjust their immigration status under a provision of the Immigration and Nationality Act, which sets the number of visas that can be given out each fiscal year. They asserted the delay in adjudicating their I-485 applications through the Department of State and US Citizenship Immigration Services ...

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