Dijamco v. Wolf

Dist. Ct. did not err in dismissing plaintiff-alien’s action under Declaratory Judgment Act and Administrative Procedure Act (APA) seeking orders requiring USCIS to process and finally issue plaintiff’s visa and finding that: (1) USCIS’s decision to revoke plaintiff’s visa petition following death of plaintiff’s mother was arbitrary and capricious; and (2) USCIS acted arbitrarily by denying plaintiff’s adjustment of status (green card) application. On appeal, plaintiff challenged only USCIS’s revocation of her visa petition, and Dist. Ct. could properly conclude that it lacked subject-matter jurisdiction to consider plaintiff’s claim, since agency’s decision to revoke approval of visa petition is not reviewable under 8 USC section 1252(a)(2)(B). Moreover, plaintiff could not seek review of said decision under APA, because APA’s general provision authorizing judicial review of final agency decision must yield to immigration-specific limitations set forth in section 1252(a)(2)(B). Also, while section 1154(l) requires USCIS to adjudicate pending visa petitions notwithstanding death of qualifying relative, said statute was not in effect at time plaintiff’s petition had been revoked.