Tu Minh Phan v. United States Citizenship and Immigration Services (USCIS); Markwayne Mullin; Todd Blanche; Joseph B. Edlow; Carrie M. Selby; Terri Robinson; Andrea Quarantillo; Lori Pietropaoli; and Kay Leopold

Summary

The United States District Court for the Western District of Wisconsin granted the defendants’ motion to dismiss Tu Minh Phan’s claims concerning the handling of his request to adjust his wife’s immigration status. The court dismissed the administrative-delay claims as moot, the Immigration and Nationality Act procedural-error claims for failure to exhaust administrative remedies, the Administrative Procedure Act claims as premature, and the due-process and estoppel claims with prejudice for failure to state a claim.

Holdings

1. Claims under the Immigration and Nationality Act and Administrative Procedure Act alleging undue delay in forwarding the administrative appeal were moot because the appeal had been forwarded to the Board of Immigration Appeals.
2. Claims that defendants violated the Immigration and Nationality Act by committing procedural errors were dismissed without prejudice for failure to exhaust administrative remedies.
3. Claims that defendants violated the Administrative Procedure Act by committing procedural errors were dismissed without prejudice because defendants had not issued a final agency action.
4. Phan's claims that defendants violated the Due Process Clause and should be estopped from asserting certain arguments failed to state a claim upon which relief could be granted.

Questions Presented

1. Whether claims based on the alleged delay in forwarding Phan's administrative appeal were moot after the appeal was forwarded to the BIA.
2. Whether Phan's claims under the Immigration and Nationality Act based on alleged procedural errors were barred by failure to exhaust administrative remedies.
3. Whether Phan's Administrative Procedure Act claims based on alleged procedural errors were premature because there had been no final agency action.
4. Whether Phan stated a due-process claim or could estop defendants from asserting procedural bars.

Disposition

dismissed