7th Circuit Court of Appeals
Case Name: Illya Britkovyy v. Alejandro Mayorkas
Case No.: 21-3160
Officials: Sykes, Chief Judge, and Scudder and St. Eve, Circuit Judges.
Focus: Immigration – Jurisdiction – 8 U.S.C. § 1252(a)(2)(B)(i)
Britkovyy is a Ukrainian citizen who hopes to become a lawful permanent resident of the United States. He applied to the U.S. Citizenship and Immigration Services (“USCIS”) to adjust his immigration status, but USCIS denied his application, a decision Britkovyy argues was legally erroneous. The immigration statutes do not provide for judicial review of this denial, so Britkovyy filed this suit under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701–706.
While his appeal from the dismissal of his suit was pending, the Supreme Court held that 8 U.S.C. 1252(a)(2)(B)(i) strips federal courts of jurisdiction to review facts found as part of discretionary-relief proceedings under section 1255, which governs adjustment of status. The Seventh Circuit concluded it lacked jurisdiction. Section 1252(a)(2)(B)(i) strips courts of jurisdiction to review USCIS’s denial of an adjustment-of-status application. This immigration-specific jurisdiction-stripping statute precludes an APA challenge.