United States Ninth Circuit

District court's dismissal of a Guatemalan citizen's suit challenging the BIA's denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture, as arbitrary and capricious and therefore in violation of the Administrative Procedure Act (APA), is affirmed where: 1) the district court properly dismissed the action for lack of subject matter jurisdiction because 8 U.S.C. section 1252(a)(5) prohibits APA claims that indirectly challenge a removal order; and 2) all claims challenging the procedure and substance of agency determinations "inextricably linked" to the order of removal are prohibited by section 1252(a)(5), no matter how the claims are framed.

Appellate Information

• Decided 12/03/2012
• Published 12/03/2012

Judges

• Marguia

Court

• United States Ninth Circuit

Counsel