Israt Jahan, et al. v. Ur M. Jaddou, et al.

Summary

The United States District Court for the Southern District of Texas dismissed without prejudice a lawsuit challenging the denial of Israt Jahan’s applications for adjustment of status and a waiver of inadmissibility. Relying on 8 U.S.C. § 1252(a)(2)(B)(i) and Fifth Circuit precedent, the court held that it lacked subject matter jurisdiction to review those discretionary determinations. The court also rejected the plaintiffs’ argument that due process provided an alternative basis for jurisdiction.

Holdings

1. 8 U.S.C. § 1252(a)(2)(B)(i) precludes judicial review of denials of applications for adjustment of status and waivers of inadmissibility, requiring dismissal for lack of subject matter jurisdiction.
2. Plaintiffs' Due Process Clause argument did not establish jurisdiction because they had not pleaded a Fifth Amendment due-process claim, and, in any event, adjustment of status is not a liberty or property interest protected by due process.

Questions Presented

1. Whether 8 U.S.C. § 1252(a)(2)(B)(i) stripped the district court of subject matter jurisdiction to review the denials of Jahan's applications for adjustment of status and waiver of inadmissibility.
2. Whether Plaintiffs' asserted Due Process Clause theory supplied jurisdiction or a viable claim despite the absence of a pleaded Fifth Amendment due-process claim.

Disposition

dismissed