Immigration – Removal Order – Jurisdiction

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7^th Circuit Court of Appeals

Case Name: Ernest A. Odei, et al. v. United States Department of Homeland Security, et al.

Case No.: 18-3105

Officials: FLAUM, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Immigration – Removal Order – Jurisdiction

Ernest Odei traveled from his native Ghana to the United States in 2017 to meet with academic advisors and to perform missionary work. When he arrived in Chicago, border patrol agents barred his entry because he did not have the proper visa. After a short detention, immigration authorities gave Odei the option to withdraw his application for admission and return to Ghana. He chose to do so, but several months later he brought this lawsuit challenging the inadmissibility determination.

The district court dismissed the case for lack of jurisdiction under 8 U.S.C. § 1252(a)(2)(A), which bars judicial review of any “order of removal pursuant to” the expedited removal procedure in 8 U.S.C. § 1225(b)(1)(A)(i). Odei argues that the jurisdictional bar does not apply because it refers only to “order[s] of removal” and there was no order of removal here because he withdrew his application for admission. Under the relevant statutory definitions, however, an “order of removal” refers to both an order to remove as well as an order that an alien is removable. Odei is challenging the latter, so the jurisdictional bar applies.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.