The Ninth Circuit 8 USC § 1252(a)(2)(B) does not strip courts of jurisdiction over review of USCIS policies and procedures (as opposed to adjudication of individual applications for adjustment of status). The Court further determined that claims challenging such policies brought by plaintiffs who had not yet filed for adjustment of status were not yet ripe. Finally, the Court rejected the plaintiffs’ contention that 8 USC § 1252(a)(2)(B) did not bar review of adjustment of status applications filed outside of the immigration court system.
“We recognize that individuals like P. Peddada—who have not violated any immigration laws—must violate the law to render themselves removable and obtain judicial review.”