Good News from the 9th Circuit on the reviewability of U visa denials!

By Maria Lazzarino

|

December 17, 2019

On Friday November 22, 2019, the 9th Circuit Court of Appeals published a decision reversing the district court’s dismissal of a suit challenging a U visa petition denial for lack of jurisdiction. The panel held that § 701(a)(2) of the Administrative Procedure Act (“APA”) and 8 U.S.C. § 1252(a)(2)(B)(ii) do not bar judicial review of U visa petition denials:

“The discretionary denials are difficult in light of 242(a)(2)(B), and probably not challengeable in many courts. Arguably, however, a “discretionary decision” that fails to apply governing standards or fails to follow governing precedent decisions is not really a “discretionary decision” and should be reviewable. A good case is Hernandez v. Ashcroft, 345 F.3d 824 (9th Cir. 2003)

This decision is encouraging as ASISTA works with attorneys across the country to bring APA suits against DHS on various issues involving survivors’ access to immigration benefits. We encourage anyone interested in representing their clients before federal courts on U visa/VAWA/T visa benefits to contact ASISTA’s Litigation Counsel, Sejal Zota, for support and mentorship. You can also contact us to join our U Visa Litigation listserve where practitioners come together to share invaluable litigation strategy.

Congratulations to Henry Cruz on this great win!

Recent Posts

By N/A N/A May 6, 2026
This Practice Alert summarizes USCIS’s new extreme vetting policies, including broad adjudication holds, re-review of previously approved cases, and heightened discretionary scrutiny, and explains their serious implications for immigrant survivors seeking safety and stability. It also provides practical guidance for practitioners on preparing clients for the impact of these measures and on developing case strategies and potential legal challenges. 
By Maria Lazzarino May 6, 2026
On January 23, 2026, the federal Trafficking Survivors’ Relief Act of 2026 (TSRA) became law. The TSRA provides a remedy for trafficking survivors to obtain relief from federal criminal records stemming directly from their exploitation. In enacting the TSRA, Congress acknowledged that trafficking survivors frequently acquire a criminal history as a result of their exploitation, which can be a barrier to employment, housing, education, and essential support services and make them more vulnerable to re-exploitation. This 2-pager describes the TSRA and its potential use by immigrant survivors of trafficking charged with or convicted of federal crimes.
By Maria Lazzarino May 6, 2026
Trying to help a trafficking survivor decide whether to file a T visa application? This practice advisory includes factors to consider and discuss with the client.
By Maria Lazzarino May 6, 2026
The age-in rule is a statutory provision designed to protect VAWA derivatives from losing eligibility when they turn 21. This written resource describes the age-in rule and provides practical tips for practitioners to harness its potential.