Bultasa Buddhist Temple of Chicago v. Nielsen

Ct. of Appeals lacked jurisdiction to consider alien’s appeal of Dist. Ct. order dismissing for lack of jurisdiction alien’s action under Administrative Procedure Act (APA), 5 USC sections 702,704 and 706 that sought review of denial of alien’s I-485 application to become lawful permanent resident, as well as USCIS’s revocation of its prior approval of I-360 application filed by alien’s employer seeking to have alien classified as special immigrant religious worker. Dismissal of instant complaint was proper under 8 USC 1255, since said provision specifically precludes any court from reviewing alien’s I-485 petition. Also, 8 USC section 1252 precludes courts from reviewing USCIS’s revocation of its initial approval of I-360 application. Ct. rejected alien’s contention that under section 706 of APA courts have jurisdiction to set aside instant agency decisions that alien claims were “arbitrary and capricious.”