Fifth Circuit Finds no Jurisdiction to Review USCIS Denial of AOS for Arriving Alien

The Fifth Circuit has affirmed that federal courts have no jurisdiction to review the denial of adjustment of status applications outside of the removal context, precluding judicial review of denials of adjustment of status to arriving aliens. “That Momin has no recourse for what may be a series of mistakes by the government is cruel but legally compelled. As the law stands, 8 U.S.C. § 1252(a)(2)(B)(i) precludes judicial review of denials of applications for adjustment of status and waivers of inadmissibility. This case illustrates some of the pitfalls that follow. In the absence of judicial review to ensure that the government turns square corners, we are left only with the hope that USCIS will give any future application by Momin to reopen his case careful attention.“

The full text of Momin v. Jaddou can be found here: https://www.ca5.uscourts.gov/opinions/pub/23/23-20327-CV0.pdf

First Circuit Finds that Location of Administrative Control Court Defines Judicial Venue

The First Circuit has determined that the location of the administrative control court (i.e., where the charging document is filed) - absent an order for change of venue - dictates in which federal circuit appellate review lies.

The full text of Bazile v. Garland can be found here:

http://media.ca1.uscourts.gov/pdf.opinions/22-1767P-01A.pdf

Ninth Circuit Amends Prior Decision Regarding Review of BIA Refusal to Certify Case

The Ninth Circuit has amended its decision in Idrees v. Whitaker, which found that the Board of Immigration Appeals’ decision to certify a case was not subject to judicial review. In the amended opinion, the court stated that, “We do not hold that judicial review of the BIA’s refusal to certify a case is never appropriate. In other contexts, we have held that, even where a regulation commits a matter to agency discretion, the court may review the decision if there is ‘law to apply’ in doing so. But, Idrees does not assert that the BIA and IJ’s refusal to certify his claim for ineffective assistance of counsel rested on any constitutional or legal error. He challenges only the BIA’s exercise of its discretion in refusing to certify his claim, which is not subject to judicial review.”

The amended decision in Idrees v. Barr can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2019/04/30/15-71573.pdf

My blog post on the original decision in Idrees v. Whitaker can be found here: http://www.sabrinadamast.com/journal/2019/1/1/ninth-circuit-finds-that-bias-decision-to-certify-an-appeal-is-discretionary