Vaibhav Singh Tokas v. U.S. Citizenship and Immigration Services, et al.

Summary

The court dismisses Vaibhav Singh Tokas’s action seeking to compel USCIS to adjudicate his VAWA self-petition and adjustment-of-status application. Applying 8 U.S.C. § 1252(a)(2)(B)(ii) and Thigulla v. Jaddou, the court concludes that the alleged delays involved discretionary agency actions beyond the court’s subject-matter jurisdiction. The action is dismissed with prejudice, and pending motions are denied as moot.

Holdings

1. A delay in adjudicating an immigration application qualifies as a decision or action for purposes of 8 U.S.C. § 1252(a)(2)(B)(ii).
2. The adjudication process and timing for both Plaintiff's adjustment-of-status request and VAWA petition involved discretion specified by statute under Subchapter II of Chapter 12 of Title 8.
3. The district court lacked subject-matter jurisdiction because Plaintiff challenged discretionary agency actions within the jurisdictional bar of 8 U.S.C. § 1252(a)(2)(B)(ii).

Questions Presented

1. Whether the alleged delay in adjudicating Plaintiff's VAWA self-petition and adjustment-of-status request constituted a decision or action under 8 U.S.C. § 1252(a)(2)(B)(ii).
2. Whether the challenged USCIS actions involved discretion specified by statute under Subchapter II of Chapter 12 of Title 8, thereby depriving the district court of subject-matter jurisdiction.
3. Whether Plaintiff's mandamus, declaratory, and injunctive action should be dismissed for lack of subject-matter jurisdiction.

Disposition

dismissed