Skip to main content
· 7/25/2014

Jama v. Department of Homeland Security

Citations

  • 760 F.3d 490
  • 2014 WL 3673441
  • 2014 U.S. App. LEXIS 14145

How courts have described this case

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

  • explaining that once the agency makes a final decision on the plaintiff’s immigration status, he could “seek review of intermediate agency actions, including the termination of his refugee status and the denial of his status adjustment application”
  • “Because the APA does not confer jurisdiction, elements of a claim under the APA, including the final agency action requirement, are not jurisdictional.”
  • because the district court had jurisdiction over the plaintiff's APA claims pursuant to the federal question statute, 28 U.S.C. section 1331, dismissal under Rule 12(b)(1) was improper; instead, the APA's \final agency requirement\ should be considered under Rule 12(b
  • “An agency action is not final if it ‘does not of itself adversely affect complainant but only affects his rights adversely on the contingency of future administrative action.’” (quoting Rochester Tel. Corp. v. United States, 307 U.S. 125, 130 (1939))

Source: CourtListener parenthetical corpus (CC0).

Judges: Norris, Clay, Kethledge

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.