· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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