(a) General. Any Service officer authorized to approve a petition under section 204 of the Act may revoke the approval of that petition upon notice to the petitioner on any ground other than those specified in § 205.1 when the necessity for the revocation comes to the attention of this Service.
(b) Notice of intent. Revocation of the approval of a petition of self-petition under paragraph (a) of this section will be made only on notice to the petitioner or self-petitioner. The petitioner or self-petitioner must be given the opportunity to offer evidence in support of the petition or self-petition and in opposition to the grounds alleged for revocation of the approval.
(c) Notification of revocation. If, upon reconsideration, the approval previously granted is revoked, the director shall provide the petitioner or the self-petitioner with a written notification of the decision that explains the specific reasons for the revocation. The director shall notify the consular officer having jurisdiction over the visa application, if applicable, of the revocation of an approval.
(d) Appeals. The petitioner or self-petitioner may appeal the decision to revoke the approval within 15 days after the service of notice of the revocation. The appeal must be filed as provided in part 3 of this chapter, unless the Associate Commissioner for Examinations exercises appellate jurisdiction over the revocation under part 103 of this chapter. Appeals filed with the Associate Commissioner for Examinations must meet the requirements of part 103 of this chapter.
[48 FR 19156, Apr. 28, 1983, as amended at 58 FR 42851, Aug. 12, 1993; 61 FR 13078, Mar. 26, 1996]
Notes of Decisions
Wendy Osorio Martinez v. Attorney Gen. United States, 893 F.3d 153 (3rd Cir. 2018).
· cites it 7× “5044 (Trafficking Victims Protection Reauthorization Act of 2008), 1255(h); 8 C.F.R. § 205.2 . Because the children have now attained this status, they contend they are exempted from the application of § 1252(e)(2) and the courts retain statutory jurisdiction to review their…”
John Doe v. Kevin K. McAleenan, 926 F.3d 910 (7th Cir. 2019).
· cites it 4× “§§ 1155, 1154(a)(1)(H); 8 C.F.R. § 205.2 . The agency's final revocation notice must be in writing and "explain[ ] the specific reasons for the revocation.”
Bernardo Ex Rel. M & K Eng'g, Inc. v. Johnson, 814 F.3d 481 (1st Cir. 2016).
· cites it 2× “See 8 C.F.R. § 205.2 (requiring notice of intent to revoke, the opportunity for the petitioner to offer evidence supporting the petition, an explanation of "the specific reasons for the revocation," and the opportunity for the petitioner to file an administrative appeal).”
Herrera v. US Citizenship & Immigr. Servs., 571 F.3d 881 (9th Cir. 2009).
· cites it 3× “§ 1155 and 8 C.F.R. § 205.2 . The statutory provision states that “[t]he 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.”
Mantena v. Johnson, 809 F.3d 721 (2d Cir. 2015).
· cites it 2× “” 8 C.F.R. § 205.2 (b). Second, after revocation, USCIS “shall provide the petitioner .”
Sriram Rajasekaran v. Mark Hazuda, 815 F.3d 1095 (8th Cir. 2016).
· cites it 2× “8 C.F.R. § 205.2 (b). USCIS must allow the employer to examine evidence “which constitutes the basis for the decision.”
Abdelwahab v. Frazier, 578 F.3d 817 (8th Cir. 2009).
· cites it 2× “Whether properly delegated authority was in fact exercised by the proper agency official, when the agency considers the action properly taken, looks like an issue beyond our jurisdiction under § 1252(a)(2)(B)(ii), not a “predicate legal question.”
iTech U.S., Inc v. Tracy Renaud, 5 F.4th 59 (D.C. Cir. 2021).
· cites it 2× “” 8 C.F.R. § 205.2 (a). This statutory authority stems from section 1155, which provides that the Secretary of Homeland Security (“Secretary”) “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…”
Abdul Baaghil v. Stephen Miller, 1 F.4th 427 (6th Cir. 2021).
“8 C.F.R. § 205.2 (a). That decision would end the effort to obtain visas for the permanent resident’s family members, but it would not necessarily require the agency to revoke his status as a lawful permanent resident.”
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