Ninth Circuit Again Blocks Review of U-Visa Waiver in District Court

The Ninth Circuit has again foreclosed an APA challenge to the denial of waiver under 8 USC 212(d)(14) requested in connection with a U visa, finding that the waiver application is necessarily one committed to the discretion of the Secretary of Homeland Security.

“In rejecting his constitutional challenge to the INA, we emphasize that we do not decide today whether, or to what extent, Plaintiff can raise his claims in removal proceedings. Nor do we decide whether, if the immigration courts cannot review his claims, such a result would violate the Constitution. What we do decide is that, to the extent Plaintiff has a viable challenge to the discretionary decisions of the immigration authorities, the only place he can advance that claim is in removal proceedings and a subsequent petition for review in the court of appeals.”

The full text of Chairez v. Mayorkas can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/24-4137.pdf

Fourth Circuit Finds that IJs Can Grant U Visa Waivers

The Fourth Circuit has determined that Immigration Judges have the authority to grant waivers in connection with U visa applications.

The full text of Jimenez-Rodriguez v. Garland can be found here:

https://www.ca4.uscourts.gov/Opinions/192467.P.pdf

Seventh Circuit Scolds BIA for Failing to Honor Judicial Decision

The Seventh Circuit, in a scathing opinion, reaffirmed an Immigration Judge’s authority to grant a waiver to a U visa applicant, and reprimanded the Board of Immigration Appeals for ignoring the court’s prior decision in this matter. “We have never before encountered defiance of a remand order, and we hope never to see it again. Members of the Board must count themselves lucky that Baez-Sanchez has not asked us to hold them in contempt, with all the consequences that possibility entails.”

The decision in Baez Sanchez v. Barr can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D01-23/C:19-1642:J:Easterbrook:aut:T:fnOp:N:2462983:S:0

Ninth Circuit finds that Immigration Judges do not Have Authority to Grant U Visa Waivers

The Ninth Circuit has deferred to the Board of Immigration Appeals’ decision in Matter of Khan, finding that Immigration Judges do not have the authority to grant waivers of inadmissibility in connection with U visas. The court determined that the statute at issue is ambiguous. “Congress has not explained how to reconcile its grant of a specific inadmissibility waiver and sole grant of U visa adjudicatory power to the Secretary of Homeland Security, 8 U.S.C. § 1182(d)(14), with the pre-existing inadmissibility waiver power vested in the Attorney General for aliens who are seeking admission, 8 U.S.C. § 1182(d)(3)(A)(ii).” The court then deferred to Khan as a reasonable interpretation of the ambiguous statute.

This decision accords with Third Circuit precedent, but contradicts Seventh and Eleventh Circuit precedent.

The full text of Man v. Barr can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/10/24/13-70840.pdf

Eleventh Circuit Finds that IJs have the Authority to Grant U Visa Waivers

The Eleventh Circuit has determined that Immigration Judges explicitly have the authority to grant waivers of inadmissibility in conjunction with U visas under section 212(d)(3) of the INA.  In so doing, the Court joins the Seventh Circuit, and breaks with the Third Circuit and the Board of Immigration Appeals.

The full text of Meridor v. Attorney General can be found here:

http://media.ca11.uscourts.gov/opinions/pub/files/201514569.pdf