Immigration – Asylum Claim

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7^th Circuit Court of Appeals

Case Name: Arjun Dhakal v. Jefferson B. Sessions, III

Case No.: 17-3377

Officials: FLAUM and RIPPLE, Circuit Judges, and GETTLEMAN, District Judge.∗

Focus: Immigration – Asylum Claim

Arjun Dhakal, a native and citizen of Nepal, brought this action against the Attorney General and other executive branch defendants under the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 et seq., and the Declaratory Judgment Act, 28 U.S.C. §§ 2201–2202. He asked the district court to review the decision of the Director of the Chicago Asylum Office, denying his application for asylum. The defendants moved to dismiss for lack of jurisdiction. They contended that Mr. Dhakal had not exhausted his administrative remedies and that the agency action is not final because the immigration courts have not yet passed upon his claim in removal proceedings. Mr. Dhakal remains in lawful status in the United States; he has not been placed in removal proceedings and is therefore unable to access the ordinary channel for further intra-agency review of his asylum application. In his view, because he has exhausted all administrative remedies presently available to him, his claim is ripe, and he can seek review in the district court.
The district court concluded that it lacked jurisdiction over his claim. Although we conclude that there is no jurisdictional bar, we agree with the Government that the decision Mr. Dhakal challenges is not a final agency action and, therefore, he is not entitled to relief under the APA. The statutory scheme for adjudication of asylum claims by the agency must be allowed to take its course. We therefore affirm the district court’s judgment dismissing the case, but modify it to reflect that it is on the merits.

Affirmed

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