Green v. Napolitano, 627 F.3d 1341 (10th Cir. 2010). · Go Syfert
Green v. Napolitano, 627 F.3d 1341 (10th Cir. 2010). Cases Citing This Book View Copy Cite
68 citation events (68 in the last 25 years) across 21 distinct courts.
Strongest positive: Moreno v. Attorney General (ca10, 2026-03-04)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Moreno v. Attorney General
10th Cir. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
the party invoking a court's jurisdiction bears the burden of establishing it.
discussed Cited as authority (verbatim quote) United States v. Gulley
10th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the party invoking a court's jurisdiction bears the burden of establishing it.
discussed Cited as authority (verbatim quote) Ahmed Hussain Shariff v. Alejandro Mayorkas
C.D. Cal. · 2024 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
he decision to revoke an immigrant visa under 1155 is an act of discretion that congress has withheld from federal court review.
discussed Cited as authority (rule) Maalona Junior Laki Seutafili v. United States Citizenship and Immigration Services, et al. (2×) also: Cited "see, e.g."
D. Utah · 2026 · confidence medium
Mr. Seutafili also contends that § 1252(a)(2)(B)(i) does not bar review because he does not challenge a discretionary decision.43 This argument was foreclosed by the Supreme Court in Patel.44 Plaintiff’s additional contention that § 1252(a)(2)(B)(i) and Patel should only be read to eliminate judicial review of factual determinations rather than legal questions likewise fails.45 He urges the court to read § 1252(a)(2)(B) “in harmony with § 1252(a)(2)(D), which expressly preserves jurisdiction over questions of law.”46 But, as already discussed, the § 1252(a)(2)(D) carveout only permi…
discussed Cited as authority (rule) Chairez v. Mayorkas
9th Cir. · 2026 · confidence medium
Servs., 850 F.3d 625, 629 (4th Cir. 2017) (“Section 1252(a)(2)(D) does permit judicial review of constitutional claims or legal questions, but only when raised upon a petition for review filed with an appropriate court of appeals during removal proceedings.” (internal citations and quotation marks omitted)) 7; Green v. Napolitano, 627 F.3d 1341, 1346 (10th Cir. 2010) (“§ 1252(a)(2)(D) allows judicial review over constitutional and legal challenges only when raised on appeal of a final order of removal.” (internal citation and quotation marks omitted)) 8.
discussed Cited as authority (rule) Mukantagara v. Noem (2×)
10th Cir. · 2026 · confidence medium
Green v. Napolitano, 627 F.3d 1341, 1344 (10th Cir. 2010).
discussed Cited as authority (rule) Mukantagara v. United States Department of Homeland Security
D. Utah · 2024 · confidence medium
The court was unable to find any case addressing whether district court review of USCIS’s termination decisions is prohibited by § 1252(a)(2)(B)(ii). 81 Block, 467 U.S. at 349 . 82 Dkt. 46 at 8. 83 Green v. Napolitano, 627 F.3d 1341, 1345 (10th Cir. 2010) (quoting Hamilton v. Gonzales, 485 F.3d 564 , 567 n.6 (10th Cir. 2007)). presumption of discretion under normal rules of statutory interpretation,” in contrast with the mandatory “shall.”84 Though § 1252(a)(2)(B) applies only where discretion is “specified,” a provision need not use the words “discretion” or “discretionary…
discussed Cited as authority (rule) Allen v. Clark (2×) also: Cited "see"
10th Cir. · 2024 · confidence medium
Green v. Napolitano, 627 F.3d 1341, 1344 (10th Cir. 2010).
discussed Cited as authority (rule) Amina Bouarfa v. Secretary, Department of Homeland Security
11th Cir. · 2023 · confidence medium
Servs., 677 F.3d 312, 313 (6th Cir. 2012); El-Khader v. Monica, 366 F.3d 562, 563 (7th Cir. 2004); Abdelwahab v. Frazier, 578 F.3d 817 , USCA11 Case: 22-12429 Document: 31-1 Date Filed: 07/28/2023 Page: 6 of 12 6 Opinion of the Court 22-12429 821 (8th Cir. 2009); Green v. Napolitano, 627 F.3d 1341, 1343 (10th Cir. 2010); iTech U.S., Inc. v. Renaud, 5 F.4th 59, 68 (D.C.
discussed Cited as authority (rule) Agyapomaa v. Mayorkas
D. Conn. · 2023 · confidence medium
Monica, 366 F.3d 562 (7" Cir. 2004) ( 8 U.S.C. § 1252 (a)(2)(B)(11) precluded district court from exercising jurisdiction over revocation of I-140 visa based on finding of earlier marriage fraud; noting that “the fact that the INS is required to deny petitions to those who have committed marriage fraud for immigration purposes in no way limits the discretionary status of the Attorney General’s subsequent revocation under [Section] 1155 of a granted petition that, it tums out, should have never been made in the first instance.”’); Green v. Napolitano, 627 F.3d 1341, 1347 (10" Cir. 2010…
discussed Cited as authority (rule) Hernandez Luquin v. United States Department of Homeland Security (2×) also: Cited "see"
10th Cir. · 2022 · confidence medium
The district court dismissed for lack of subject- matter jurisdiction, citing Green v. Napolitano, 627 F.3d 1341, 1346 (10th Cir. 2010), in which we held that the Secretary of Homeland Security’s revocation of a visa under 8 U.S.C. § 1155 is a discretionary decision not subject to judicial review.
cited Cited as authority (rule) Curry v. St. Francis Hospital
10th Cir. · 2021 · confidence medium
Green v. Napolitano, 627 F.3d 1341, 1344 (10th Cir. 2010).
discussed Cited as authority (rule) iTech U.S., Inc v. Tracy Renaud
D.C. Cir. · 2021 · confidence medium
See El-Khader, 366 F.3d at 566 (“[T]he plain language of section 1252(a)(2)(B)(ii) bars courts from reviewing any discretionary decisions of the Attorney General made under the authority of sections 1151 through 1378 of Title 8 of the United States Code.” (emphasis omitted) (citing Samirah v. O’Connell, 335 F.3d 545 , 548–49 (7th Cir. 2003))); Polfliet, 955 F.3d at 381 (“On its face, § 1252(a)(2)(B)(ii) bars judicial review of decisions ‘specified’ to be in the ‘discretion’ of the Secretary.”); Abdelwahab, 578 F.3d at 820 n.4 (“By its plain language, § 1252(a)(2)(B)(ii)…
cited Cited as authority (rule) Parker v. Commissioner, SSA
10th Cir. · 2021 · confidence medium
Discussion “We review the district court’s dismissal for lack of subject matter jurisdiction de novo.” Green v. Napolitano, 627 F.3d 1341, 1344 (10th Cir. 2010).
discussed Cited as authority (rule) Romero Ramires v. Wolf
D.N.M. · 2020 · confidence medium
Van Dinh v. Reno, 197 F.3d 427, 433 (10th Cir. 1999); Green v. Napolitano, 627 F.3d 1341, 1344 (10th Cir. 2010) (employing conditional terms such as “may” and “at any time,” the statute uses language that is “indicative of administrative discretion.”).
discussed Cited as authority (rule) Itech US, Inc v. Cuccinelli
D.D.C. · 2020 · confidence medium
USA, Inc. v. Chertoff, 447 F.3d 196, 205 (3d Cir. 2006) (concluding that the revocation of an approved petition at the Secretary’s discretion and affirming that “the District Court . . . lacked jurisdiction to review”); Polfliet v. Cuccinelli, 955 F.3d 377, 381, 383 , (4th Cir. 2020) (holding that the analysis “begins and ends with the plain language of the statute” which makes it clear that § 1155 is discretionary and thus “barred by § 1252(a)(2)(B)(ii)” from judicial review); Ghanem v. Upchurch, 481 F.3d 222, 224 (5th Cir. 2007) (finding the statutory language to indicate tha…
discussed Cited as authority (rule) Karakenyan v. U.S. Citizenship and Immigration Services
D.D.C. · 2020 · confidence medium
M & K Eng’g, Inc., 814 F.3d at 482 ; Mehanna v. U.S. Citizenship & Immigration Servs., 677 F.3d 312, 315 (6th Cir. 2012); Green v. Napolitano, 627 F.3d 1341, 1346 (10th Cir. 2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir. 2009); Sands v. U.S. Dep’t of Homeland Sec., 308 Fed.
discussed Cited as authority (rule) Rodas Godinez v. U.S. Immigration and Customs Enforcement (2×)
D.N.M. · 2020 · confidence medium
Van Dinh v. Reno, 197 F.3d 427, 433 (10th Cir. 1999); Green v. Napolitano, 627 F.3d 1341, 1344 (10th Cir. 2010) (employing conditional terms such as “may” and “at any time,” the statute uses language that is “indicative of administrative discretion.”).
discussed Cited as authority (rule) Robert Polfliet v. Kenneth Cuccinelli
4th Cir. · 2020 · confidence medium
M & K Eng’g, Inc. v. Johnson, 814 F.3d 481, 484 (1st Cir. 2016); Mehanna v. USCIS, 677 F.3d 312 , 313 (6th Cir. 2012); Green v. Napolitano, 627 F.3d 1341, 1343 (10th Cir. 2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir. 2009); Sands v. U.S. Dep’t of Homeland Sec., 308 F. App’x 418, 419-20 (11th Cir. 2009); Ghanem v. Upchurch, 481 F.3d 222, 223 (5th Cir. 2007); Jilin Pharm.
discussed Cited as authority (rule) Sakoo v. United States Citizenship and Immigration Services
E.D. Mich. · 2019 · confidence medium
See Mehanna v. U.S. Citizenship and Immigration Services, 677 F.3d 312, 314 (6th Cir. 2012); Doe v. McAleenan, 926 F.3d 910, 913 (7th Cir. 2019); Bernardo v. Johnson, 814 F.3d 481, 484 (1st Cir. 2016); Green v. Napolitano, 627 F.3d 1341, 1346 (10th Cir. 2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir. 2009); Sands v. DHS, 308 F. App’x 418, 419 (11th Cir. 2009); Ghanem v. Upchurch, 481 F.3d 222, 224-25 (5th Cir. 2007); Jilin Pharm.
discussed Cited as authority (rule) Raval v. United States of America
D.D.C. · 2019 · confidence medium
See Bernardo, 814 F.3d at 483-91 ; Rajasekaran v. Hazuda, 815 F.3d 1095, 1098-99 (8th Cir. 2016); Khall`l v. Hazua’a, 833 F.3d 463, 467 (5th Cir. 2016); Mehanna v. USCIS, 677 F.3d 312 , 313, 315 (6th Cir. 2012); Green v. Napolitano, 627 F.3d 1341, 1343, 1346 (10th Cir. 2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir. 2009); Sands v. U.S. Dep’t of Homeland Security, 308 Fed.
discussed Cited as authority (rule) Schamens v. Sessions
D. Minnesota · 2018 · confidence medium
In fact, we know of no factual predicates for finding “good and sufficient cause” in the context of decisions made under § 1155.”); Green v. Napolitano, 627 F.3d 1341, 1344-46, 1348 (10th Cir. 2010) (finding that decisions concluding that §1252(a)(2)(B)(ii) does not bar jurisdiction to review marriage-validity determinations for purposes of granting an immigrant petition under § 1154 do not apply to visa petition revocations pursuant to §1155).
discussed Cited as authority (rule) Vargas v. Lynch
E.D. Pa. · 2016 · confidence medium
See Mehanna v. U.S. Citizenship & Immigration Servs., 677 F.3d 312, 314-15 (6th Cir. 2012) (revoking a visa petition under § 1155 is discretionary); Green v. Napolitano, 627 F.3d 1341, 1344-46 (10th Cir. 2010) (same); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir. 2009) (same); Sands v. U.S. Dep't of Homeland Sec., 308 Fed.Appx. 418, 419-20 (11th Cir. 2009) (same); Ghanem v. Upchurch, 481 F.3d 222, 223-24 (5th Cir. 2007)(same); El-Khader v. Monica, 366 F.3d 562, 566 (7th Cir. 2004) (same).
discussed Cited as authority (rule) Makransky v. Johnson
E.D.N.Y · 2016 · confidence medium
See 8 U.S.C. § 1252 (a)(2)(D); Green v. Napolitano, 627 F.3d 1341, 1346 (10th Cir.2010) (observing that Section 1252(a)(2)(D) “allows judicial review over constitutional and legal challenges only when raised on appeal of a final order of removal”) (internal quotation marks and citation omitted).
examined Cited as authority (rule) Bernardo Ex Rel. M & K Engineering, Inc. v. Johnson (7×) also: Cited "see"
1st Cir. · 2016 · confidence medium
See Mehanna v. U.S. Citizenship & Immigration Servs., 677 F.3d 312, 313 (6th Cir.2012); Green v. Napolitano, 627 F.3d 1341, 1343 (10th Cir.2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir.2009); Sands v. U.S. Dep’t of Homeland Sec., 308 Fed.Appx. 418, 419-20 (11th Cir.2009) (per curiam); Ghanem v. Upchurch, 481 F.3d 222, 223 (5th Cir.2007); Jilin Pharm.
cited Cited as authority (rule) Castillo-Hernandez v. Holder
10th Cir. · 2014 · confidence medium
Green v. Napolitano, 627 F.3d 1341, 1344 (10th Cir.2010) (“The party invoking a court’s jurisdiction bears the burden of establishing it.”).
discussed Cited as authority (rule) Patel v. Johnson
D. Mass. · 2014 · confidence medium
See Mehanna v. United States Citizenship & Immigration Servs., 677 F.3d 312, 313 (6th Cir.2012); Green v. Napolitano, 627 F.3d 1341, 1344-45 (10th Cir.2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir.2009); Sands v. United States Dep’t of Homeland Sec., 308 Fed.Appx. 418, 419-20 (11th Cir.2009); Ghanem v. Upchurch, 481 F.3d 222, 224 (5th Cir.2007); Jilin Pharm.
cited Cited as authority (rule) Gibbs v. Colvin
10th Cir. · 2013 · confidence medium
Discussion “We review the district court’s dismissal for lack of subject matter jurisdiction de novo.” Green v. Napolitano, 627 F.3d 1341, 1344 (10th Cir.2010).
discussed Cited as authority (rule) Punathil v. Heinauer
M.D. Fla. · 2012 · confidence medium
Sands v. U.S. Dep’t of Homeland Sec., et al, 308 Fed.Appx. 418, 419-20 (11th Cir.2009) (Sands II); Green v. Napolitano, 627 F.3d 1341, 1348 (10th Cir.2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir.2009); Jilin Pharm.
discussed Cited as authority (rule) Abajue v. Holder, Jr.
10th Cir. · 2012 · confidence medium
We affirmed the district court’s conclusion in Green v. Napolitano, 627 F.3d 1341, 1343 (10th Cir.2010) (Green I), holding that the discretionary-decision bar of 8 U.S.C. § 1252 (a)(2)(B)(ii) “strips a district court of jurisdiction to review a § 1155 revocation.” While Green I was pending, Ms. Abajue appealed the IJ’s order of removal to the BIA, arguing that the IJ should have *855 granted a continuance while she pursued relief in federal district court.
cited Cited "see" Sperry v. Roberts
10th Cir. · 2022 · signal: see · confidence high
See Green v. Napolitano, 627 F.3d 1341, 1344 (10th Cir. 2010).
discussed Cited "see" Mantena v. Johnson
2d Cir. · 2015 · signal: accord · confidence high
DHS Sec’y, 432 Fed.Appx. 919, 924-925 (11th Cir.2011); accord Green v. Napolitano, 627 F.3d 1341, 1344-46 (10th Cir.2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir.2009); Ghanem v. Upchurch, 481 F.3d 222, 224-25 (5th Cir.2007); Jilin Pharm.
discussed Cited "see" Mehanna v. US CITIZENSHIP AND IMMIGRATION SERVS.
6th Cir. · 2012 · signal: see · confidence high
See Green v. Napolitano, 627 F.3d 1341, 1344-46 (10th Cir.2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir.2009); Sands v. U.S. Dep't of Homeland Sec., 308 Fed.Appx. 418, 419-20 (11th Cir.2009); Ghanem v. Upchurch, 481 F.3d 222, 223-24 (5th Cir. *315 2007); Jilin Pharm.
discussed Cited "see" Mehanna v. United States Citizenship & Immigration Services
6th Cir. · 2012 · signal: see · confidence high
See Green v. Napolitano, 627 F.3d 1341, 1344-46 (10th Cir.2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir.2009); Sands v. U.S. Dep’t of Homeland Sec., 308 Fed.Appx. 418, 419-20 (11th Cir.2009); Ghanem v. Upchurch, 481 F.3d 222, 223-24 (5th Cir. 2007); Jilin Pharm.
discussed Cited "see, e.g." Hernandez (ID 95438) v. Meyer
D. Kan. · 2022 · signal: see also · confidence medium
“According to § 1252(a)(5), ‘petitions for review’ filed with the courts of appeal are the ‘sole and exclusive means for judicial review from an order of removal[]’ [a]nd the statute specifically excludes ‘habeas corpus review pursuant to sections 1241 . . . or any other habeas corpus provision.’” Id. at 1001–02 (citing 8 U.S.C. § 1252 (a)(5)); see also Green v. Napolitano, 627 F.3d 1341, 1347 (10th Cir. 2010) (stating that “a petition for review of a final removal order must be filed in the appropriate circuit court, not a district court”) (citations omitted).
cited Cited "see, e.g." Chan v. United States Citizenship & Immigration Services
W.D.N.C. · 2015 · signal: see also · confidence low
See also Green v. Napolitano, 627 F.3d 1341 , 1346-47 .(10th Cir,2010); Ikenokwalu-White v. Gonzales, 495 F.3d 919, 925 (8th Cir.2007).
discussed Cited "see, e.g." Sanchez-Naranjo v. Holder
10th Cir. · 2013 · signal: see also · confidence medium
As this court clarified in Hamilton , § 1252(a)(2)(D) “did not confer an expanded grant of jurisdiction but merely confirmed our authority to review constitutional claims and questions of law ... only after a final order of removal has been entered.” Hamilton, 485 F.3d at 567 (internal quotation marks omitted) (holding § 1252(a)(2)(D) did not provide basis for judicial review of legal challenge to visa revocation absent final removal order); see also Green v. Napolitano, 627 F.3d 1341, 1347 (10th Cir.2010) (following Hamilton to hold § 1252(a)(2)(D) could not provide basis for judicial …
cited Cited "see, e.g." Karpeeva v. U.S. Department of Homeland Security Citizenship & Immigration Services Ex Rel. DHS Secretary
11th Cir. · 2011 · signal: see, e.g. · confidence medium
See, e.g., Green v. Napolitano, 627 F.3d 1341, 1344-46 (10th Cir.2010); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir.2009); Ghanem v. Upchurch, 481 F.3d 222, 224-25 (5th Cir.2007); Jilin Pharm.
Retrieving the full opinion text from the archive…
Reginald GREEN; Njideka Frances Abajue, Plaintiffs-Appellants,
v.
Janet NAPOLITANO, Secretary of Homeland Security; District Director Denver District Office of the United States Citizenship and Immigration Services; United States Citizenship and Immigration Services; Immigration and Customs Enforcement, Defendants-Appellees
10-1156.
Court of Appeals for the Tenth Circuit.
Dec 21, 2010.
627 F.3d 1341
Olusegun Asekun, The Law Office of Olu Asekun, Arlington, TX, for Plaintiffs-Appellants., Tony West, Assistant Attorney General, Civil Division, Samuel P. Go, Senior Litigation Counsel, Flor M. Suarez, Trial Attorney, United States Department of Justice, Washington, D.C., for DefendantsAppellees.
Tymkovich, Porfilio, Gorsuch.
Cited by 45 opinions  |  Published
[*1343] TYMKOVICH, Circuit Judge.

In this immigration appeal, we are asked to determine whether a decision under 8 U.S.C. § 1155 to revoke a petition for immigrant status is discretionary. If so, the decision is unreviewable in district court, because 8 U.S.C. § 1252(a)(2)(B)(ii) strips courts of the jurisdiction to review certain discretionary decisions. [1] Like the parties, the district court believed that this was a question of first impression in this circuit; it predicted we would follow those courts that have concluded a § 1155 revocation is discretionary and hence not subject to judicial review. In fact, we already have addressed whether a § 1155 revocation is a discretionary decision, albeit in a slightly different jurisdictional context. In Hamilton v. Gonzales, 485 F.3d 564, 568 (10th Cir.2007), we concluded that a § 1155 “revocation decision is a discretionary act” for purposes of § 1252(a)(2)(B)(ii) and that, absent a final order of removal, we lacked jurisdiction to review constitutional and legal questions related to it.

Here, we apply Hamilton to the question of the district court’s jurisdiction. We conclude that § 1252(a)(2)(B)(ii) strips a district court of jurisdiction to review a § 1155 revocation. Exercising jurisdiction under 28 U.S.C. § 1291, we AFFIRM the district court’s judgment dismissing the case for lack of jurisdiction.

I. Background

Reginald Green is a United States citizen married to Njideka Frances Abajue, a Nigerian citizen. Mr. Green filed a form 1-130 Petition for Alien Relative with the United States Citizenship and Immigration Services (USCIS) on behalf of his wife. The petition was approved under § 1154 but later revoked under § 1155, after Ms. Abajue’s former spouse stated during an immigration interview that their prior marriage was fraudulent and entered into solely for immigration purposes. Section 1155 provides: “The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 1154 of this title.”

Mr. Green appealed, but the Board of Immigration Appeals affirmed the revocation, noting that Ms. Abajue’s former spouse made his statement in connection with the withdrawal of an 1-130 petition he had filed for her benefit. The Board concluded that, in responding to a notice of intent to revoke his petition, Mr. Green failed to submit sufficient evidence that Ms. Abajue’s prior marriage was bona fide.

Ms. Abajue filed a petition for review of the Board’s decision with this court, but later withdrew it. Meanwhile, she and Mr. Green filed a complaint in the district court, claiming the revocation of the 1-130 petition violated their constitutional due process rights because they never had the opportunity to confront or cross-examine Ms. Abajue’s former spouse. They contend the former spouse moved out of the house he shared with Ms. Abajue on the day of his statement and apparently could not be located after the notice of intent to revoke the 1-130 petition was issued.

The government moved to dismiss for lack of jurisdiction based on § 1252(a)(2)(B)(ii). Section 1252(a)(2)(B) bars judicial review of certain discretionary decisions of the Attorney General or the Secretary of Homeland Security, as follows:

Notwithstanding any other provision of law (statutory or nonstatutory), includ[*1344] ing section 2241 of Title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in subparagraph (D), and regardless of whether the judgment, decision, or action is made in removal proceedings, no court shall have jurisdiction to review—
(i) any judgment regarding the granting of relief under section 1182(h), 1182(i), 1229b, 1229c, or 1255 of this title, or
(ii) any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter [including § 1155] to be in the discretion of the Attorney General or the Secretary of Homeland Security, other than the granting of [asylum] relief under section 1158(a) of this title.

§ 1252(a)(2)(B)(ii) (emphasis added). Concluding that the Secretary’s revocation under § 1155 was discretionary, the district court held it lacked jurisdiction and dismissed the complaint. This appeal followed.

II. Discussion

We review the district court’s dismissal for lack of subject matter jurisdiction de novo. Trackwell v. U.S. Gov’t, 472 F.3d 1242, 1243 (10th Cir.2007). The party invoking a court’s jurisdiction bears the burden of establishing it. Marcus v. Kan. Dep’t of Revenue, 170 F.3d 1305, 1309 (10th Cir.1999). We also review de novo the district court’s interpretation of § 1155. See United States v. Manning, 526 F.3d 611, 614 (10th Cir.2008).

A.

Mr. Green and Ms. Abajue make two arguments in support of federal court jurisdiction. First, they contend the district court had jurisdiction under 28 U.S.C. §§ 1331 (federal question) and 2201 (declaratory judgment act), and nothing in § 1252(a)(2)(B)(ii) strips federal jurisdiction with respect to a revocation decision. Second, they contend several exceptions to § 1252’s jurisdiction-stripping provision apply to them. We disagree on all points.

The parties agree the revocation of Mr. Green’s 1-130 petition was based on § 1155. The statute provides: “The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 1154 of this title.” § 1155 (emphasis added). The question is whether this language, for purposes of the discretionary-decision bar of § 1252(a)(2)(B)(ii), vests discretionary authority in the Secretary of Homeland Security, as exercised through a designee, the Acting District Director of the USCIS.

We answered this question affirmatively in Hamilton v. Gonzales. In that case, the jurisdictional question arose in the context of a decision to revoke a visa in the absence of a final order of removal. 485 F.3d at 566. As part of our analysis, we examined the text of § 1155 and determined that revocation is a discretionary decision:

A visa revocation decision “may” be made by the Secretary of Homeland Security (or his designee) “at any time, for what he deems to be good and sufficient cause.” 8 U.S.C. § 1155. Employing conditional terms such as “may” and “at any time,” the statute uses language that is “indicative of administrative discretion.” Jilin Pharmaceutical USA, Inc. v. Chertoff, 447 F.3d 196, 203 (3d Cir.2006). See also id. at 204 (by authorizing visa revocation for “good and sufficient cause,” the statute requires the[*1345] agency to make a judgment call); El-Khader v. Monica, 366 F.3d 562, 567 (7th Cir.2004) (“[T]he determination of whether there exists ‘good and sufficient cause’ [ ] necessarily is highly subjective, and there exist no strict standards for making this determination.”).

Hamilton, 485 F.3d at 567 n. 6 (alterations in Hamilton). We went on to conclude that “since a visa revocation decision is a discretionary act, our jurisdiction to review it is precluded by the plain meaning of § 1252(a)(2)(B)[ii [2] ] except when (1) the decision implicates constitutional or legal questions, and (2) there is a final order of removal.” Id. at 568.

We are guided here by the controlling statements in Hamilton: a visa revocation under § 1155 is a discretionary decision subject to the jurisdiction-stripping provisions of § 1252(a)(2)(B)(ii). In Hamilton, we were concerned only with our own jurisdiction, not a district court’s, but by its plain language, § 1252(a)(2)(B)(ii) applies to any federal court. The statute provides that “no court shall have jurisdiction to review” the specified' sort of discretionary decisions — including a decision pursuant to § 1155. § 1252(a)(2)(B)(ii) (emphasis added).

This position is shared by most circuit courts. In addition to the Seventh and Third Circuit cases we relied on in Hamilton, at least three other circuits have also concluded that § 1155 revocations are discretionary and cannot be reviewed by district courts. See Sands v. U.S. Dep’t of Homeland Sec., 308 Fed.Appx. 418, 419-20 (11th Cir.2009) (concluding that § 1252(a)(2)(B)(ii) strips courts of jurisdiction under 28 U.S.C. § 1361, “the mandamus statute,” to review a § 1155 revocation decision); Abdelwahab v. Frazier, 578 F.3d 817, 821 (8th Cir.2009) (concluding that § 1252(a)(2)(B)(ii) precludes judicial review of § 1155 revocations but noting an exception “to review a predicate legal question that amounts to a nondiscretionary determination underlying the denial of relief’) (quotation marks omitted); Ghanem v. Upchurch, 481 F.3d 222, 225 (5th Cir.2007) (“interpreting] the phrase ‘for what he deems to be’ as vesting complete discretion in the Secretary to determine what constitutes good and sufficient cause”).

The Second Circuit, in dictum, also appears to agree. See Firstland Int’l, Inc. v. U.S. INS, 377 F.3d 127, 131-32 (2d Cir.2004) (stating “the substance of the decision that there should be a revocation is committed to the discretion of the Attorney General” by § 1155, but concluding the failure to comply with a former statutory notice requirement rendered the revocation unauthorized and therefore one not “specified” to be discretionary). [3]

Our view in Hamilton that a visa-revocation decision is discretionary is unaltered by the Supreme Court’s recent decision in Kucana v. Holder, — U.S.-, 130 S.Ct. 827, 175 L.Ed.2d 694 (2010). In that case, the Supreme Court considered the scope of the Attorney General’s discretionary authority as applied to a motion to reopen. It held that § 1252(a)(2)(B)(ii)’s proscription of judicial review does not apply to the[*1346] Attorney General’s denial of a motion to reopen because the discretionary authority for that decision is specified not in a statute, but in a regulation. See id. at 831.

The Court considered the argument that vague language in the statute applying to motions to reopen (“the motion to reopen shall state the new facts that will be provided at a hearing to be held if the motion is granted,” § 1229a(c)(7)(B) (emphasis added)), anticipated that the Attorney General would exercise discretion in ruling on such motions. The Court rejected this argument, concluding that it did not meet § 1252(a)(2)(B)(ii)’s requirement that discretionary authority be sufficiently “specified” by statute. See 130 S.Ct. at 834 n. 10 (construing the language “authority for which is specified under this subchapter to be in the discretion of the Attorney General”). According to the Court, the term “ ‘[specified’ is not synonymous with ‘implied’ or ‘anticipated’ ” but “means to name or state explicitly or in detail.” Id. (internal quotation marks omitted). The Court found “ ‘that the use of marginally ambiguous language [i.e., “if the motion is granted”], without more, is [inadequate to specify that a particular action is within the Attorney General’s discretion for the purposes of § 1252(a) (2) (B) (ii). ’ ” Id. (quoting Soltane v. U.S. Dep’t of Justice, 381 F.3d 143, 147 (3d Cir.2004) (Alito, J.) (alteration omitted)).

Section 1155 does not explicitly use the word “discretion.” But unlike the provision in Kucana, it does not merely imply or anticipate that the Secretary has discretion to revoke a § 1154 petition. In contrast to the “marginally ambiguous” language (“if the motion is granted”) that the Kucana Court found inadequate to provide judicially-unreviewable discretionary authority, § 1155 authorizes revocation for what the Secretary “deems to be good and sufficient cause.” § 1155. We therefore adhere to our view in Hamilton that the phrase is synonymous with a specific grant of discretionary authority that is subject to the jurisdictional bar of § 1252(a)(2)(B)(ii). See Webster’s Third New International Dictionary, Unabridged 589 (2002) (defining “deem” as “to come to view, judge, or classify after some reflection”); id. at 392 (defining “discretion” as the “power of free decision or choice within certain legal bounds; individual judgment”).

In sum, the decision to revoke an immigrant visa under § 1155 is an act of discretion that Congress has withheld from federal court review.

B.

Mr. Green and Ms. Abajue make several other arguments in an attempt to circumvent the jurisdictional bar of § 1252(a)(2)(B)(ii). None of these arguments alter the conclusion that the district court lacks jurisdiction to review the Secretary’s revocation decision.

First, the appellants claim the district court had jurisdiction to review their constitutional due process claim under § 1252(a)(2)(D), which is listed as the sole exception to the jurisdictional bar of § 1252(a)(2)(B). This subparagraph provides:

Nothing in subparagraph [1252(a)(2) ](B) or (C), or in any other provision of this chapter (other than this section) which limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with this section.

§ 1252(a)(2)(D). But “§ 1252(a)(2)(D) allows judicial review over constitutional and legal challenges only when raised on appeal of a final order of removal,” Hamil [*1347] ton, 485 F.3d at 568, and a petition for review of a final removal order must be filed in the appropriate circuit court, not a district court, see § 1252(b)(2) (“The petition for review shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings.”). Therefore, § 1252(a)(2)(D) does not apply in the district courts. Jilin Pharm. USA, Inc., 447 F.3d at 206 n. 16 (concluding § 1252(a)(2)(D) did not restore jurisdiction to review constitutional claims in district court that § 1252(a)(2)(B)(ii) had stripped). Moreover, by itself, “a visa revocation decision is not a final order of removal,” Hamilton, 485 F.3d at 568, so the parties could not have sought review in this court and potentially benefitted from § 1252(a)(2)(D).

Second, Mr. Green and Ms. Abajue point to two cases for the proposition that courts have general jurisdiction to review 1-130 determinations: Zhao v. Gonzales, 404 F.3d 295 (5th Cir.2005), and Ayanbadejo v. Chertoff, 517 F.3d 273 (5th Cir.2008). But neither case concerned a § 1155 revocation. Zhao considered whether § 1252(a)(2)(B)(ii) barred judicial review of the denial of a motion to reopen. 404 F.3d at 301-02. Like the Supreme Court in Kucana, the Zhao court concluded the Attorney General’s discretion to rule on a motion to reopen was provided by regulation, not statute, and therefore the decision did not fall under the bar of § 1252(a)(2)(B)(ii). Id. at 302-03. Ayanbadejo simply applied Zhao’s holding to conclude the denial of an 1-130 petition under § 1154, based on the invalidity of a marriage, was not a discretionary decision because any discretion was conferred by an implementing regulation, not § 1154. 517 F.3d at 277-78 & n. 14. [4] In contrast, the statutory language of § 1155 expressly confers the discretionary authority to revoke a visa petition for just and sufficient cause.

Mr. Green and Ms. Abajue also ask us to consider Nakamoto v. Ashcroft, 363 F.3d 874 (9th Cir.2004), for the proposition that courts retain jurisdiction to review the basis for a finding of marriage fraud. But Nakamoto involved whether “a decision under § 1227(a)(1)(G) [relating to marriage fraud] is ‘specified’ to be in the Attorney General’s discretion” for § 1252(a)(2)(B)(ii) purposes. Id. at 879. The Ninth Circuit concluded it was not, relying on its own controlling precedent that the statutory grant of authority must be “entirely discretionary” to fall within § 1252(a)(2)(B)(ii). Id. at 880 (citing Spencer Enters., Inc. v. United States, 345 F.3d 683, 690 (9th Cir.2003)). Contrary to the appellants’ interpretation of our jurisprudence, see Aplt. Br. at 4, we rejected that view in Yerkovich v. Ashcroft, 381 F.3d 990, 994-95 (10th Cir.2004), abrogated on other grounds by Kucana, 130 S.Ct. at 831 (holding § 1252(a)(2)(B)(ii)’s requirement that authority be “ ‘specified under this subchapter’ refers to statutory, not regulatory, specification”).

Zhao, Ayanbadejo, and Nakamoto, as well as other cases concluding § 1252(a)(2)(B)(ii) does not bar jurisdiction to review marriage-validity determinations for purposes of granting an immigrant petition under § 1154, see, e.g., Ogbolumani v. Napolitano, 557 F.3d 729, 733 (7th Cir.2009), concern statutes other than § 1155. Accordingly, they do not bear on the issue before us. Cf. id. (distinguishing its own § 1155 circuit precedent, El-Khader, 366[*1348] F.3d at 562, with regard to a denial under § 1154).

Next, Mr. Green and Ms. Abajue suggest that, notwithstanding § 1252(a)(2)(B)(ii), courts retain jurisdiction to consider the extent of the Secretary’s authority under the immigration laws. They point to Zadvydas v. Davis, 533 U.S. 678, 688, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001), where the Supreme Court explained that the extent of the Attorney General’s authority under the post-removal-period detention statute, § 1231(a)(6), is not a matter of discretion subject to § 1252(a)(2)(B)(ii). But this is merely a repackaging of the due-process claim we addressed above. The appellants still fail to explain how the agency exceeded its authority, and no ultra vires act is apparent on the face of the record before us.

On the contrary, § 1155 grants the Secretary discretionary authority to revoke approved § 1154 petitions, and that is just what happened here, through the Secretary’s delegate, and after Mr. Green had been afforded an opportunity to present responsive evidence. See Abdelwahab, 578 F.3d at 821 (concluding that “[wjhether properly delegated authority was in fact exercised by the proper agency official ... looks like an issue beyond our jurisdiction under § 1252(a)(2)(B)(ii), not a ‘predicate legal question’ ” that might be considered nondiscretionary and therefore reviewable).

To the extent the appellants argue that, under Zadvydas, the district court had jurisdiction to consider their constitutional claim, we reiterate that the only exception to § 1252(a)(2)(B) is for constitutional claims and legal issues set out in § 1252(a)(2)(D). See § 1252(a)(2)(B) (barring all court review of enumerated discretionary decisions “[njotwithstanding any other provision of law ... except as provided in subparagraph (D)”). As discussed above, Congress limited that exception to petitions for review, which renders the exception inapplicable in the district courts.

Finally, Mr. Green and Ms. Abajue claim that courts retain jurisdiction to clarify the “good and sufficient cause” phrase of § 1252(a)(2)(B)(ii), citing to our decision in Schroeck v. Gonzales, 429 F.3d 947 (10th Cir.2005). We see no merit to this claim. In Schroeck, we held that § 1252(a)(2)(D) preserved the judicial review of constitutional claims or questions of law despite the facial applicability of the jurisdictional bar set forth in § 1252(a)(2)(B)®. Id. at 950-51. As we have already explained, § 1252(a)(2)(D) is not applicable to this case, and we fail to see how Schroeck supports jurisdiction to clarify the “good and sufficient cause” phrase of § 1252(a) (2) (B) (ii).

In sum, the district court correctly concluded it lacked jurisdiction to review the Secretary’s discretionary decision to revoke Mr. Green’s § 1154 petition.

III. Conclusion

For the foregoing reasons, the judgment of the district court is AFFIRMED.

1

. The pertinent parts of these statutes are set forth below. Unless otherwise noted, all further statutory references are to the current version of Title 8 of the United States Code.

2

. Although Hamilton omitted the reference to clause (ii) of subsection (a)(2)(B) in this conclusion, it was clearly the clause at issue.

3

. Only the Ninth Circuit has reached a contrary result, concluding, over a dissent, that "acts immunized from review by § 1252 are matters of pure discretion, rather than discretion guided by legal standards.” ANA Int'l, Inc. v. Way, 393 F.3d 886, 891 (9th Cir.2004). The court held that § 1155’s " ‘good and sufficient cause’ language ... constitutes a legal standard the meaning of which we retain jurisdiction to clarify.” Id. at 893. We rejected that interpretation in Hamilton.

4

. Section 1154(c) requires the denial of an application where marriage fraud or attempted marriage fraud is evident: "[N]o petition shall be approved if ... the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.”