The Secretary of Homeland Security shall deny or revoke the approval of a petition, application, or benefit described in this paragraph if, in the Secretary's discretion, it is determined that such petition, application, or benefit involved fraud, deceit, intentional material misrepresentation, or criminal misuse, subject to subparagraph (M).
(ii) Debarment If a regional center, new commercial enterprise, or job-creating entity has its designation or participation in the program under this paragraph terminated due to fraud, intentional material misrepresentation, or criminal misuse, any individual associated with such entities, including an alien investor, shall be permanently barred from future participation in the program if the Secretary determines, by a preponderance of the evidence, that such individual knowingly participated in the conduct leading to the termination.
(iii) Notice If the Secretary determines that the approval of a petition, application, or benefit described in this paragraph should be denied or revoked pursuant to clause (i): (I) The relevant individual, regional center, or commercial entity shall be notified of such determination; and (II) Such petition, application, or benefit shall be denied or revoked, or the permanent resident status of the alien (and the alien spouse and alien children of such immigrant) shall be terminated as of the date of such determination, in accordance with clause (i).
(P) Administrative appellate review (i) In general The Director of U.S. Citizenship and Immigration Services shall offer an opportunity for administrative appellate review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services of any determination made under this paragraph, including: (I) An application for regional center designation or regional center amendment; (II) An application for approval of a business plan filed under subparagraph (F); (III) A petition by an alien investor for status as an immigrant under this paragraph; (IV) The termination or suspension of any benefit accorded under this paragraph; and (V) Any sanction imposed by the Secretary under this paragraph.
(ii) Judicial review No court shall have jurisdiction to review a determination under this paragraph until the regional center, its associated entities, or the alien investor has exhausted all administrative appeals, subject to subparagraph (N)(v) and section 1252(a)(2) of this title.
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