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· 3/14/2013

Silva Mamigonian v. Michael Biggs

Citations

  • 710 F.3d 936
  • 2013 WL 1092713
  • 2013 U.S. App. LEXIS 5099

How courts have described this case

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

  • holding that where USCIS reopened 2 a petition it had previously denied, the previous denial is not a “final agency action” for a district 3 court to review
  • holding “that district courts maintain jurisdiction to hear [certain] cases under the APA challenging final agency determinations respecting eligibility for the immigration benefits enumerated in § 1252(a)(2)(B)(i) made on nondiscretionary grounds”
  • stating that “because USCIS had not made final determinations on Ms. Mamigonian’s reopened adjustment-of-status applications when she filed suit, the District Court did not have jurisdiction to review USCIS’s actions” under the APA
  • interpreting the jurisdiction-stripping provision of § 1252(a)(2)(B)(i), which states that “no court shall have jurisdiction to review . . . any judgment regarding the granting of relief under section 1182(h), 1182(i
  • “[T]he REAL ID Act precludes aliens . . . from seeking habeas relief over final orders of removal in district courts.”
  • “Habeas relief for final orders of removal is only available through a petition to the court of appeals.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gould, Smith, Duffy

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.