United States Seventh Circuit

Petition for review of the BIA's affirmance of an IJ's refusal to examine a Mexican citizen's challenge to the validity of a 1996 rescission of his lawful-permanent-resident status by the INS is granted and the rescission order vacated and remanded as petitioner's challenge to the sufficiency of the notice he received before the agency rescinded his permanent resident status was reviewable in his removal proceedings. However, district court's decision to dismiss petitioner's complaint for lack of subject matter jurisdiction is affirmed as the complaint filed in district court is the equivalent to a challenge to an order of removal within the meaning of 8 U.S.C. section 1252(a)(5), which permits judicial review only via a petition for review in the court of appeals.

Appellate Information

• Argued 04/03/2009
• Decided 05/03/2010
• Published 05/03/2010

Judges

• SYKES, Circuit Judge., Before EASTERBROOK, Chief Judge, and EVANS and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Melville W. Washburn, Sidley Austin, Chicago, IL, for Petitioner/Plaintiff-Appellant.


• For Appellees:
  
• Adam L. Goldman, Department of Justice, Washington, DC, for Respondent.