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Keywords

plaintiffjurisdictionasylumjudicial reviewliens
plaintiffjurisdictionasylumliens

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M.M.V. v. Garland

Facts

The original plaintiffs in this case are 126 inadmissible aliens caught trying to enter the country across the southern border. Each of them seeks asylum or claims to fear persecution but has received an adverse credible-fear determination. The plaintiffs do not challenge the Transit Rule itself. Instead, they challenge the government's administration of credible-fear interviews under IIRIRA and the Transit Rule, as allegedly reflected in eleven sub-regulatory policies. The plaintiffs allege various issues with the interview process, including lack of guidance, improper training, and inadequate notice.

The original plaintiffs in this case are 126 inadmissible aliens caught trying to enter the country across the southern border. Each of them seeks asylum or claims to fear persecution but has received an adverse credible-fear determination. The plaintiffs do not challenge the Transit Rule itself. Instead, they challenge the government's administration of credible-fear interviews under IIRIRA and the Transit Rule, as allegedly reflected in eleven sub-regulatory policies.

Issue

Whether the district court had jurisdiction to review the alleged policies governing credible-fear interviews in expedited-removal proceedings under the Illegal Immigration Reform and Immigrant Responsibility Act.

Whether the district court had jurisdiction to review the alleged policies governing credible-fear interviews in expedited-removal proceedings under the Illegal Immigration Reform and Immigrant Responsibility Act.

Rule

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) sets forth expedited procedures to remove certain inadmissible aliens arriving at the border and bars judicial review of certain agency actions, including unwritten policies and untimely challenges.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) sets forth expedited procedures to remove certain inadmissible aliens arriving at the border. 8 U.S.C. 1225(b)(1).

Analysis

The court applied the rule by determining that the district court correctly concluded it lacked jurisdiction to review ten of the eleven alleged policies because they were either unwritten or the challenges to them were untimely. The court found that the plaintiffs failed to bridge the gap between instances of conduct and the existence of a written directive calling for that conduct.

The court applied the rule by determining that the district court correctly concluded it lacked jurisdiction to review ten of the eleven alleged policies because they were either unwritten or the challenges to them were untimely. The court found that the plaintiffs failed to bridge the gap between instances of conduct and the existence of a written directive calling for that conduct.

Conclusion

The court affirmed the district court's decision, holding that it lacked jurisdiction to review the majority of the alleged policies due to the provisions of IIRIRA.

The court affirmed the district court's decision, holding that it lacked jurisdiction to review the majority of the alleged policies due to the provisions of IIRIRA.

Who won?

The government prevailed in the case because the court upheld the district court's ruling that barred review of the majority of the plaintiffs' claims based on jurisdictional grounds.

The government prevailed in the case because the court upheld the district court's ruling that barred review of the majority of the plaintiffs' claims based on jurisdictional grounds.

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