Dhakal v. Sessions

In action by plaintiff-alien seeking review under Administrative Procedures Act of decision of Director of Chicago Asylum Office to deny alien’s application for asylum, Dist. Ct. did not err in dismissing said appeal, where Director’s decision was not final order that could be appealed. At time of instant appeal, alien remained in lawful status in U.S. since he had applied for and received Temporary Protected Status (TPS) offered to citizens of Nepal, and alien was informed that denial of his application for asylum relief would not be referred to Immigration Judge for adjudication in removal proceedings until alien was no longer in TPS status. As such, Director’s decision was not final because it did not represent consummation of agency’s decision-making process, since Immigration Judge and Bd. of Appeals had not acted on alien’s asylum application. Fact that alien had no present ability to appeal Director’s decision did not require different result.