Dubey v. Department of Homeland Security

Federal 7th Circuit Court
Civil Court
Immigration Law
Citation
Case Number: 
No. 25-1207
Decision Date: 
September 26, 2025
Federal District: 
N.D. Ill., Eastern Div.
Holding: 
Affirmed.
Judge: 
EASTERBROOK

Five citizens of India win the United States as students with F-1 visas, filed a lawsuit under the Administrative Procedure Act after they were denied re-entry after returning home for short periods of time. The district court dismissed the lawsuit for lack of subject-matter jurisdiction because the applicable statute forecloses judicial review of determinations relating to an order of removal. The Seventh Circuit affirmed, finding that neither the court of appeals nor the district court can review an expedited order of removal and that the APA does not authorize judicial review that is foreclosed by another statute. (HAMILTON and MALDONADO, concurring)