United States Ninth Circuit

In an immigration case seeking mandamus relief and challenging the government's denial of an application to adjust residency status and its cancellation of permission to reenter the U.S., dismissal for lack of jurisdiction is affirmed where: 1) section 1252(a)(2)(B) of the REAL ID Act of 2005 expressly precludes all judicial review of the denial of an adjustment of status application or of any discretionary decision or action taken by the Attorney General or Secretary of Homeland Security; 2) the government's denial of plaintiff-s status adjustment application and its cancellation of permission to reenter the U.S. were in part discretionary; and 3) plaintiff sued in district court and did not raise a constitutional claim upon petition for review by the correct court of appeals.

Appellate Information

• Argued 06/13/2008
• Decided 09/11/2008
• Published 09/11/2008

Judges

• PER CURIAM:, Before:  MARY M. SCHROEDER, JOHN M. WALKER, JR., and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Eric G. Bjotvedt, Esq., Phoenix, AZ, for plaintiff/appellant, Nadeem Hassan.


• For Appellees:
  
• Thomas H. Dupree, Jr., Esq. USDOJ, Washington, D.C., for defendants/appellees, Michael Chertoff, Secretary of Homeland Security et al.