United States Ninth Circuit

The district court properly dismissed petitioner's immigration petition for lack of jurisdiction, where: 1) the REAL ID Act eliminated district court habeas jurisdiction over orders of removal; 2) there had been no final agency action by the U.S. Citizenship and Immigration Services on the two applications pending at the time she filed the petition; 3) petitioner's mandamus claim was mooted when the USCIS subsequently decided those two applications; but 4) because USCIS has since denied all of petitioner's pending applications, the district court would now have jurisdiction under the Administrative Procedure Act to hear her claim because district courts have jurisdiction to hear claims challenging final agency non-discretionary determinations respecting eligibility for the immigration benefits enumerated in 8 U.S.C. section 1252(a)(2)(B)(i), provided there is no pending removal proceeding in which the alien could seek those benefits.

Appellate Information

• Decided 03/14/2013
• Published 03/14/2013

Judges

• DUFFY

Court

• United States Ninth Circuit

Counsel