Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Arnel Marcelino Paz v. United States Citizenship and Immigration

March 22, 2012

ARNEL MARCELINO PAZ
v.
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, ET AL.



The opinion of the court was delivered by: Present: The Honorable Dale S. Fischer, United States District Judge

CIVIL MINUTES - GENERAL

JS 6

Debra Plato Not Present Deputy Clerk Court Reporter

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (IN CHAMBERS) Order Dismissing Action for Lack of Subject

Matter Jurisdiction Pursuant to 8 U.S.C. § 1252(a)(2)(B)

This action was filed on March 2, 2012. Plaintiff Arnel Marcelino Paz seeks an order requiring Defendants timely to adjudicate his Application for Adjustment of Status (I-485).

The procedure for adjustment of status is governed by § 245 of the Immigration and Nationality Act (INA). Pursuant to that section, the Director of United States Citizenship and Immigration Services (CIS) may adjust an alien's status "in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence." 8 U.S.C. § 1255(a); see also 6 U.S.C. § 271(b)(5) (transferring authority for adjudication of adjustment applications to the Director of CIS). As amended in 2005, 8 U.S.C. § 1252(a)(2)(B), prohibits courts from reviewing denials of adjustment of status applications, as well as other discretionary actions:

Notwithstanding any other provision of law (statutory or non-statutory), . . . no court shall have jurisdiction to review --

(I) any judgment regarding the granting of relief under section . . . 1255 of this title [relating to adjustment of status], or

(ii) any other decision or action of [CIS] the authority for which is specified under [8 U.S.C. §§ 1151-1378] to be in the discretion of [CIS] . . . .

8 U.S.C. § 1252(a)(2)(B).

A number of district courts have concluded that CIS has a non-discretionary duty timely to adjudicate adjustment of status applications, and that ยง 1252(a)(2)(B)(ii) therefore does not divest courts of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.