DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

091653P.pdf   08/05/2010  Viktors Ginters  v.  Denise Frazier
   U.S. Court of Appeals Case No:  09-1653
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Bye, Author, with Beam and Colloton, Circuit Judges]
   Civil case - immigration. For the court's earlier opinion see Ginters v.
   Gonzalez, No. 06-1673, 2006 WL 3371648 (8th Cir. July 28, 2006). The
   jurisdictional bar of 8 U.S.C. Sec. 1252(a)(2)(B)(ii) does not preclude
   judicial review of the denial of an I-130 petition; since the Supreme Court
   has abrogated the Eighth Circuit's approach to the bar to review of
   discretionary decisions under 8 U.S.C. Sec. 1252(a)(2)(B)(ii), the matter
   is remanded to the district court for consideration of the merits of the
   underlying action. Judge Colloton, dissenting.