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Keywords

plaintiffdefendantjurisdictionmotionvisajudicial reviewwrit of mandamusmotion to dismiss
plaintiffdefendantjurisdictionmotionvisajudicial reviewwrit of mandamusmotion to dismiss

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Safadi v. Howard

Facts

In 1983, plaintiff, a citizen of Lebanon, entered the United States as a student and ultimately earned a Ph.D. in engineering. Since 1997, plaintiff has remained in the United States on a temporary work visa. On November 11, 2002, plaintiff filed with the Texas Service Center a 'Form I-485, Application to Register Permanent Residence or Adjust Status.' His application was transferred between various USCIS offices, and as of the time of the complaint, USCIS was still reviewing his application and conducting necessary background and security checks.

In 1983, plaintiff, a citizen of Lebanon, entered the United States as a student and ultimately earned a Ph.D. in engineering. Since 1997, plaintiff has remained in the United States on a temporary work visa. On November 11, 2002, plaintiff filed with the Texas Service Center a 'Form I-485, Application to Register Permanent Residence or Adjust Status.' His application was transferred between various USCIS offices, and as of the time of the complaint, USCIS was still reviewing his application and conducting necessary background and security checks.

Issue

Whether the court has subject matter jurisdiction to compel the USCIS to adjudicate the plaintiff's application for adjustment of status.

Whether the court has subject matter jurisdiction to compel the USCIS to adjudicate the plaintiff's application for adjustment of status.

Rule

8 U.S.C. 1252(a)(2)(B)(ii) divests courts of jurisdiction over suits where a plaintiff seeks review of a decision or action committed to agency discretion. Additionally, a writ of mandamus may not issue where there is no clear right to immediate adjudication.

8 U.S.C. 1252(a)(2)(B)(ii) divests courts of jurisdiction over suits, where, as here, a plaintiff seeks review of a decision or action committed to agency discretion; (ii) A writ of mandamus may not issue here because there is no clear right to 'immediate' adjudication of his application; and (iii) The Administrative Procedure Act ('APA') precludes judicial review of actions, where, as here, the action challenged is 'committed to agency discretion by law.' 5 U.S.C. 701(a).

Analysis

The court found that the adjustment application process is wholly discretionary and that the term 'action' in 8 U.S.C. 1252(a)(2)(B)(ii) encompasses any act or series of acts that are discretionary within the adjustment of status process. The court noted that the absence of statutory time limits for processing adjustment applications indicates Congress's intent to confer discretion on USCIS over both the decision and the process, thus precluding judicial review.

The court found that the adjustment application process is wholly discretionary and that the term 'action' in 8 U.S.C. 1252(a)(2)(B)(ii) encompasses any act or series of acts that are discretionary within the adjustment of status process. The court noted that the absence of statutory time limits for processing adjustment applications indicates Congress's intent to confer discretion on USCIS over both the decision and the process, thus precluding judicial review.

Conclusion

The motion to dismiss was granted, and the citizen's action was dismissed for lack of subject matter jurisdiction.

The motion to dismiss was granted, and the citizen's action was dismissed for lack of subject matter jurisdiction.

Who won?

Defendant, the District Director of USCIS, prevailed because the court found it lacked jurisdiction to review the discretionary actions of the agency regarding the adjustment application process.

Defendant, the District Director of USCIS, prevailed because the court found it lacked jurisdiction to review the discretionary actions of the agency regarding the adjustment application process.

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