Maalona Junior Laki Seutafili v. United States Citizenship and Immigration Services, et al.

Summary

The United States District Court for the District of Utah granted defendants’ motion to dismiss Maalona Junior Laki Seutafili’s claims for lack of subject-matter jurisdiction. The court held that 8 U.S.C. § 1252(a)(2)(B)(i), as interpreted by Patel v. Garland, barred review of USCIS’s denial of his I-485 adjustment-of-status application, and that § 1252(g) barred review of the decision to issue a notice to appear and commence removal proceedings. The court dismissed the claims under Rule 12(b)(1).

Holdings

1. 8 U.S.C. § 1252(a)(2)(B)(i), as interpreted by Patel v. Garland, precludes district-court judicial review of USCIS's denial of an application for adjustment of status under 8 U.S.C. § 1255, including where the challenge concerns the legal basis for the denial rather than merely a discretionary or factual determination.
2. 8 U.S.C. § 1252(g) precludes district-court jurisdiction over claims arising from USCIS's decision to issue a notice to appear and commence removal proceedings.

Questions Presented

1. Whether 8 U.S.C. § 1252(a)(2)(B)(i) strips a federal district court of jurisdiction to review USCIS's denial of an application for adjustment of status under 8 U.S.C. § 1255.
2. Whether 8 U.S.C. § 1252(a)(2)(D) preserves district-court jurisdiction over constitutional claims or questions of law concerning the adjustment-of-status denial.
3. Whether 8 U.S.C. § 1252(g) strips jurisdiction over claims arising from USCIS's decision to issue a notice to appear and commence removal proceedings.

Disposition

dismissed