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Immigration – Jurisdiction – 8 U.S.C. § 1252(a)(2)(B)(i)

By: WISCONSIN LAW JOURNAL STAFF//February 27, 2023//

Immigration – Jurisdiction – 8 U.S.C. § 1252(a)(2)(B)(i)

By: WISCONSIN LAW JOURNAL STAFF//February 27, 2023//

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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.

Decided 02/17/23

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