Supreme Court's first decision sparks controversy in October Term 2024

On December 9, 2024, the Supreme Court issued its first signed decision for the October Term 2024, marking a significant moment as it restores the tradition of deciding cases in the fall term of the Court. This was particularly notable since, during the previous year, the first decision in an argued case did not occur until January 2024. Justice Ketanji Brown Jackson, who is the junior-most justice on the bench, wrote the opinion for the case Bouarfa v. Mayorkas, which addresses issues regarding judicial review of immigration visa petitions. The case examined whether petitioners can challenge the decisions made by the Secretary of Homeland Security regarding revoked visa petitions, particularly in instances where revocation is predicated on claims of sham marriages. This decision is a reminder of the complex nature of immigration law and the balance between mandatory rules and discretionary exceptions that exists within the system. The ruling holds that the Secretary's power to revoke visa approval falls within the scope of discretionary actions, which Congress has limited in terms of judicial oversight. The Supreme Court's unanimous ruling provided clarity on the intersection of immigration regulations and the authority of executive branch agencies, emphasizing the limited avenues available for appealing such discretionary decisions. Given that the Court is revealing these decisions in a timely manner at the onset of the term, observers expect further opinions to be released soon, continuing a noteworthy trend of transparency and expediency in judicial processes.