Delgado v. Quarantillo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that obtaining I-212 waiver from USCIS was a “necessary prerequisite” to adjustment of status, which was “inextricably linked” to reinstatement of removal order
• holding that 8 U.S.C. § 1252(a) “clearly preclude[s] [a] district court’s entertaining of a direct challenge to a removal order.”
• holding that the REAL ID Act of 2005, codified at 8 U.S.C. § 1252, divested district courts of jurisdiction to decide direct and indirect challenges to final orders of removal
• holding that plaintiff, by seeking to “compel USCIS to make a determination on the merits of her I-212 application” indirectly challenged her reinstated order of removal, triggering Section 1252(a)(5)’s jurisdictional bar
• explaining that whether district court has jurisdiction will turn on substance of relief that plaintiff seeks
• holding that plaintiff cannot “evade the restrictions of [S]ection 1252(a)(5

Source: CourtListener parenthetical corpus (CC0).