Everado Martinez Arrellin v. Kristi Noem, et al.

Summary

The United States District Court for the Eastern District of Kentucky grants defendants’ motion to dismiss Everado Martinez Arrellin’s claims concerning USCIS’s delay in adjudicating a Form I-601 waiver. The court holds that 8 U.S.C. § 1252(a)(2)(B)(ii), together with 8 U.S.C. § 1182(d)(11), strips the court of jurisdiction to review both the discretionary waiver decision and the timing of its adjudication. The court also dismisses the mandamus claim because defendants have no clear statutory duty to decide the waiver within a prescribed timeframe.

Holdings

1. 8 U.S.C. § 1252(a)(2)(B)(ii) bars judicial review not only of the discretionary waiver decision itself but also of the timing and process leading to that decision, including an alleged unreasonable delay in adjudication.
2. Mandamus relief was unavailable because plaintiff could not show a clear statutory duty requiring defendants to adjudicate the discretionary waiver within a prescribed timeframe.

Questions Presented

1. Whether 8 U.S.C. § 1252(a)(2)(B)(ii) deprives the district court of subject-matter jurisdiction to review an alleged unreasonable delay in adjudicating a discretionary waiver under 8 U.S.C. § 1182(d)(11).
2. Whether plaintiff could obtain mandamus relief compelling adjudication of the waiver when the defendants had no clear statutory duty to act within a prescribed timeframe.

Disposition

dismissed