United States Sixth Circuit

In a severely disabled minor child's action under the Declaratory Judgment Act (DJA) and the Administrative Procedure Act (APA) to prohibit the Department of Homeland Security from removing his mother on the ground that the mother's removal violated his own constitutional rights as an American citizen, dismissal of the complaint for lack of jurisdiction is affirmed where: 1) the jurisdictional bar of 8 U.S.C. section 1252(g) does not apply to independent actions brought by a citizen child raising distinct constitutional rights; 2) the APA does not provide subject matter jurisdiction in this case; 3) a citizen child raising distinct constitutional rights may assert federal question subject matter jurisdiction; and 4) dismissal was proper because petitioner failed to state a constitutional claim upon which relief may be granted.

Appellate Information

• Argued 01/22/2010
• Decided 09/07/2010
• Published 09/07/2010

Judges

• MOORE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• George A. Katchmer, Jr., Samuel P. Go