Jurisdiction at Issue in Appeal by Green Card Seekers’ Children

A three-judge appeals court panel questioned whether it had jurisdiction to review a case challenging agency visa rules that adversely affect the children of Indian employment-based green card applicants.

The US Court of Appeals for the Ninth Circuit during oral argument Tuesday probed the limits of Patel v. Garland, a US Supreme Court ruling last year that found courts can’t second-guess an agency’s factual judgment involving discretionary immigration relief.

Brent Renison, the plaintiffs’ attorney, told the appeals court that Patel doesn’t apply to the green card dispute because that case dealt with situations where there are facts to decide. ...