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Keywords

jurisdictionappealhearingparolejudicial review

jurisdictionappealhearingparolenaturalizationjudicial review

Related Cases

Meza v. Renaud

Facts

In 2002, Selvin Solis Meza was served a notice to appear at a removal hearing, which charged him with being present in the United States without being admitted or paroled. The immigration judge ordered Meza removed in absentia after finding that he was removable based on the evidence presented. In 2017, Meza applied to USCIS for an adjustment of status, which was denied for lack of jurisdiction, leading him to challenge the decision in federal district court.

In 2002, the Immigration and Naturalization Service served on Meza a notice to appear at a removal hearing in Atlanta, Georgia. The notice charged that Meza is not a United States citizen, that he entered the country 'at or near Brownsville, Texas,' and that he was 'not then admitted or paroled after inspection by an Immigration Officer.' App. 34.

Issue

Did the district court have jurisdiction to review the USCIS's denial of Meza's application for adjustment of status?

Rule

Under 8 U.S.C. 1252(b)(9), judicial review of all questions of law and fact arising from removal proceedings must be conducted through a timely petition for review in the appropriate court of appeals, and no court shall have jurisdiction to review such questions outside that context.

Section 1252 of Title 8 provides for judicial review of final removal orders. As relevant here, it states that 'a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of an order of removal.' 8 U.S.C. 1252(a)(5).

Analysis

The court analyzed whether Meza's claim regarding his status as an arriving alien could be considered by the district court. It concluded that since the immigration judge had already determined that Meza was not an arriving alien, Meza's attempt to contest this finding constituted a collateral attack on the removal order. Therefore, the district court lacked jurisdiction to review the USCIS's decision.

The factual allegations in the notice, and the evidence supporting them, confirm this conclusion. The immigration judge concluded [***9] that 'documentary evidence … established the truth of the factual allegations contained in the Notice to Appear.' App. 33. The notice alleged that Meza 'arrived in the United States at or near Brownsville, Texas,' id. at 34, rather than at a specific point of entry.

Conclusion

The court affirmed the district court's decision, holding that it lacked jurisdiction to review the USCIS's denial of Meza's application for adjustment of status.

Affirmed.

Who won?

The prevailing party was the United States, as the court upheld the district court's ruling that it lacked jurisdiction over Meza's case.

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