The Fourth Circuit has determined that federal courts lack jurisdiction to review USCIS’s policy of withholding adjudication of adjustment of status applications when there is a visa retrogression. “Here, USCIS is not only granted discretion with respect to the ultimate decision on whether to grant adjustment of status. USCIS also has the discretion to “prescribe” the regulations that guide its exercise of the discretionary authority.”
The full text of Kale v. Alfonso-Royals can be found here: