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The Complexities of Green Card Litigation: The Elldakli Case and its Implications

The recent decision of the U.S. Supreme Court in the case of Fathi Elltaif Saad Elldakli, a Libyan petroleum engineer, underscores the intricate legal challenges faced by immigrants seeking permanent residency in the United States. As reported by Rae Ann Varona of Law360, the Supreme Court's refusal to review Elldakli's case leaves many critical questions unanswered in the realm of immigration law, particularly regarding the finality of agency decisions and the role of the judiciary in reviewing such decisions.

Elldakli's situation presents a unique and challenging scenario. After arriving in the U.S. on a student visa during Libya's civil war in 2011 and completing his doctorate in petroleum engineering, he applied for an EB-2 employment-based visa in December 2017. In a surprising turn of events, while his visa application was still pending, Elldakli and his family were granted green cards in March 2019. However, the U.S. Citizenship and Immigration Services (USCIS) subsequently denied his EB-2 visa application and moved to rescind the green cards, stating that the green cards should not have been granted before the approval of his visa application.

The legal battle that ensued raised pivotal questions about the discretion of USCIS in adjusting status and the jurisdiction of federal courts in such matters. The Fifth Circuit's decision, which the Supreme Court left intact, stated that federal courts lack the authority to review status adjustment decisions to lawful permanent residency as they are not final agency decisions.

Elldakli's case highlights a crucial aspect of immigration law: the distinction between final agency actions and those subject to further review. This distinction is vital for individuals and families navigating the complex U.S. immigration system, as it affects their ability to seek judicial redress. The Fifth Circuit's stance, supported by a body of unpublished and district court decisions, suggests that status adjustment decisions are not final because of the availability of an alternative appeal process through removal proceedings.

However, the Elldakli family's appeal to the Supreme Court indicates a broader issue in the judicial system: the need for clarity and guidance on what constitutes a final agency action, especially in immigration cases. This need is further emphasized by U.S. Circuit Judge Patrick E. Higginbotham's concurrence, which suggested a divergent view from the majority, arguing that the denial of Elldakli's visa application was a final action and thus reviewable by the court.

For immigration law practitioners and their clients, this case serves as a reminder of the complexities inherent in the U.S. immigration system. It underscores the importance of understanding the nuances of visa applications, status adjustments, and the potential for judicial review. The case also highlights the need for experienced legal representation to navigate these complexities, particularly when dealing with USCIS decisions that have significant implications for an individual's legal status in the U.S.

In conclusion, the Elldakli case represents a significant moment in immigration law, one that raises essential questions about the role of the judiciary in reviewing immigration-related decisions and the definition of final agency actions. As immigration attorneys, it is crucial to stay abreast of such developments, to provide informed counsel to clients, and to advocate for greater clarity and fairness in the immigration process.


Varona, Rae Ann. “Justices Reject Case Of Green Cards Given Before Visa Denial.” Law360, December 11, 2023.

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