21-632-cv Nouritajer v. Jaddou United States Court of Appeals for the Second Circuit _____________________________________ August Term 2021 (Argued: November 1, 2021 Decided: November 15, 2021) No. 21-632-cv _____________________________________ SIMIN NOURITAJER, THE RAZI SCHOOL, Plaintiffs-Appellants, — v. — UR M. JADDOU, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendants-Appellees. * _____________________________________ Before: BIANCO, PARK, NARDINI, Circuit Judges. Plaintiffs-Appellants Simin Nouritajer and the Razi School (together, “Plaintiffs”) appeal from the United States District Court for the Eastern District of New York’s (Matsumoto, J.) order and judgment dismissing without prejudice their Second Amended Complaint (the “SAC”) for lack of subject matter * The Clerk of Court is respectfully instructed to amend the caption as set forth above. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Director Ur M. Jaddou has been automatically substituted for Director L. Francis Cissna of the United States Citizenship and Immigration Services. jurisdiction. Plaintiffs’ SAC sought review of the following: (1) the August 18, 2017 revocation by the United States Citizenship and Immigration Services (“USCIS”) of Nouritajer’s previously-approved Form I-140, Immigrant Petition for Alien Worker (“I-140”); (2) the USCIS Administrative Appeals Office’s (“AAO”) denial of Nouritajer’s revocation appeal on August 1, 2018; and (3) the May 29, 2019 denial of Plaintiffs’ motion to reopen and reconsider the revocation. In dismissing the SAC under Federal Rule of Civil Procedure 12(b)(1), the district court correctly analyzed the relevant jurisdiction-stripping statutes—8 U.S.C. § 1155, which governs revocation of approved immigration petitions, and 8 U.S.C. § 1252(a)(2)(B), which limits judicial review of certain discretionary decisions. We agree with the district court that the jurisdictional bar to a substantive challenge to a discretionary decision by the Secretary of Homeland Security applies here, as Plaintiffs do not assert a procedural challenge to the revocation decision, but rather assert several arguments which, in sum and substance, challenge the underlying reasons for the revocation of the immigration petition. Accordingly, we AFFIRM the district court’s order and judgment dismissing the action for lack of subject matter jurisdiction. THOMAS E. MOSELEY, Law Offices of Thomas E. Moseley, Newark, NJ, for Plaintiffs-Appellants. ALEX S. WEINBERG (Varuni Nelson and Rachel G. Balaban, on the brief), Assistant United States Attorneys, for Breon Peace, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Defendants- Appellees. 2 _____________________________________ PER CURIAM: Plaintiffs-Appellants Simin Nouritajer and the Razi School (together, “Plaintiffs”) appeal from the United States District Court for the Eastern District of New York’s (Matsumoto, J.) order and judgment dismissing without prejudice their Second Amended Complaint (the “SAC”) for lack of subject matter jurisdiction. Plaintiffs’ SAC sought review of the following: (1) the August 18, 2017 revocation by the United States Citizenship and Immigration Services (“USCIS”) of Nouritajer’s previously-approved Form I-140, Immigrant Petition for Alien Worker (“I-140”); (2) the USCIS Administrative Appeals Office’s (“AAO”) denial of Nouritajer’s revocation appeal on August 1, 2018; and (3) the May 29, 2019 denial of Plaintiffs’ motion to reopen and reconsider the revocation. In dismissing the SAC under Federal Rule of Civil Procedure 12(b)(1), the district …
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