Dist. Ct. lacked jurisdiction to consider petitioner’s appeal under Administration Procedure Act (APA) of order entered by U.S. Citizenship and Immigration Services (USCIS) that denied petitioner’s application to become lawful permanent resident of U.S. While petitioner asserted that decision by USCIS was legally erroneous, plain text of 8 USC section 1252(a)(2)(B)(i) strips Ct. of Appeals of jurisdiction to review USCIS’s denial of adjustment-of-status application. Moreover, same statute barred petitioner from using APA to challenge USCIS’s denial of application. As such, Ct. of Appeals vacated Dist. Ct.’s order that granted summary judgment in favor of USCIS on merits of appeal, where Dist. Ct found that USCIS could properly base denial of application on fact that petitioner had falsely claimed to be U.S. citizen when he attempted to enter U.S.
Federal 7th Circuit Court
Civil Court
Immigration