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jurisdictionasylumliens

jurisdictionwillasylumimmigration lawappellantliens

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E.O.H.C. v. Secretary, Department of Homeland Security

Facts

E.O.H.C. and M.S.H.S. fled violent crime in Guatemala and entered the U.S. in April 2019, seeking asylum. The government sought to return them to Mexico under the Migrant Protection Protocols while their removal proceedings were ongoing. They filed claims in the district court challenging this return, which the court dismissed for lack of subject-matter jurisdiction.

Appellants E.O.H.C. and M.S.H.S., his seven-year-old daughter, came from Guatemala through Mexico to the United States. The Government seeks to return them to Mexico while it decides [**3] whether to grant them asylum or instead remove them to Guatemala.

Issue

Did the district court have subject-matter jurisdiction to hear the aliens' challenges to their temporary return to Mexico under the Migrant Protection Protocols?

Whether or not the District Court had jurisdiction, we have jurisdiction under 28 U.S.C. 1291 to review its decision.

Rule

The Immigration and Nationality Act (INA) generally strips federal district courts of jurisdiction over claims arising from removal proceedings, but certain claims may be reviewed if they cannot wait for a final order of removal.

Federal district courts rarely have jurisdiction to hear disputes relating to removal. That is because the Immigration and Nationality Act [**2] (INA) strips them of jurisdiction over all claims "arising from any action taken or proceeding brought to remove" aliens. 8 U.S.C. 1252(b)(9).

Analysis

The court analyzed whether the claims arose from actions taken to remove the aliens. It determined that the claims challenging their return to Mexico did not arise from removal proceedings, as the return was not a permanent removal to Guatemala. Therefore, the court held that the district court had jurisdiction to hear these claims.

The relevant "action taken" cannot be the Government's return of appellants to Mexico. While the claims here "aris[e] from" that action, the action was not taken to "remove" them from the United States. "Removal" is a term of art in immigration law that means sending an alien back permanently to his country of origin.

Conclusion

The court affirmed the dismissal of the statutory right-to-counsel claim but reversed the dismissal of the other claims, remanding the case for the district court to address the merits.

So we will affirm in part and reverse and remand in part.

Who won?

E.O.H.C. and M.S.H.S. prevailed in part as the court allowed their challenges to proceed, finding that the district court had jurisdiction over those claims.

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