The Ninth Circuit has determined that the jurisdiction stripping provision at 8 USC 1252(f)(1) does not affect a court’s authority to issue an injunction requiring USCIS to timely adjudicate SIJS petitions because section 235(d)(2) of the TVPRA (which contains the relevant SIJS provisions) was passed after the effective date of IIRIRA.

The full text of Moreno Galvez v. Jaddou can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/11/03/20-36052.pdf

Comment