Way

This appeal presents the question whether the Attorney General’s decision to revoke a visa pursuant to 8 U.S.C. § 1155 is barred from judicial review by a jurisdiction-stripping provision added to the Immigration and Nationality Act (“INA”) by the Illegal Immigration Reform and *889 Immigrant Responsibility Act (“IIRIRA”) and codified at 8 U.S.C. § 1252 (a)(2)(B)(ii). We hold that the statute does not bar judicial review of a visa revocation decision authorized by § 1155. We therefore reverse the district court’s dismissal of this case for want of jurisdiction and remand for a decision whether the Attorney General’s order to revoke the petitioner’s visa was supported by substantial evidence.

1. FACTS AND ADMINISTRATIVE HISTORY

Honggang Yu (“Yu”) is a citizen of China who currently resides in the United States. Yu was a senior executive with Anshan AEC Group Corporation (“Anshan”) when he entered the United States legally on a non-immigrant business visitor visa in June 1994. Yu’s purpose in coming to the United States was to investigate business opportunities for Anshan.

As a result of Yu’s investigations, Anshan decided to expand its operations to the United States in April…

dissenting:

The court today holds that 8 U.S.C. § 1252 (a)(2)(B)(ii) does not bar judicial review of the Attorney General’s discretionary decision to revoke a previously approved visa petition when he decided that the alien failed to abide by the conditions under which the visa was first obtained. This conclusion disregards binding precedent from this circuit while creating a conflict with other circuits, conflicts with congressional intent in stripping judicial review over certain immigration decisions, and results in an unwarranted expansion of federal jurisdiction into the minutiae of visa administration at a time when we are awash in immigration cases. I respectfully dissent.

I

Because Congress has said that we lack jurisdiction, I first address a question the *896 court does not: whether the Immigration and Nationality Act’s (INA) jurisdictional bar, 8 U.S.C. § 1252 (a)(2)(B)(ii), 1 applies outside the context of removal proceedings. See Maj. Op. at 891; see also Spencer Enters., Inc. v. United States, 345 F.3d 683 , 692 (9th Cir.2003) (explicitly leaving the question open). This question arises because of a discrepancy between the title of § 1252 — '“Judicial Review of…