Ibarra v. Swacina
2010 U.S. App. LEXIS 26287
| 11th Cir. | 2010Background
- Ibarra appeals a district court dismissal for lack of subject-matter jurisdiction under the APA after USCIS denied her I-485 application.
- Ibarra seeks review of the USCIS denial of adjustment of status.
- She argues she exhausted administrative remedies by pursuing relief in removal proceedings.
- The regulation allows renewal of an adjustment application in removal proceedings, which grants a new opportunity to obtain status.
- In removal proceedings the immigration judge has exclusive jurisdiction over adjustment applications, and the district court lacks APA jurisdiction while proceedings are pending.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the APA authorize review while removal proceedings are pending? | Ibarra contends exhaustion occurred and APA review is appropriate. | Swacina argues removal proceedings deprive district court of APA jurisdiction. | Yes; district court lacks jurisdiction while removal proceedings are pending. |
| Is Ibarra's adjustment denial reviewable because she renewed in removal proceedings and the decision isn’t final? | Ibarra seeks de novo review in removal context. | Swacina asserts exclusive immigration judge jurisdiction governs adjustment decisions; finality not met in district court. | Remand would be futile; proceeding in removal is proper path, not APA review now. |
| Does Mejia Rodriguez distinguish this case regarding final agency decision and APA review? | Mejia Rodriguez supports APA review when a final agency decision is made. | Mejia Rodriguez is distinguishable; here removal proceedings govern adjustment, not TPS review. | Mejia Rodriguez is distinguished; not controlling here. |
Key Cases Cited
- Darby v. Cisneros, 509 U.S. 137 (Supreme Court 1993) (exhaustion prerequisite for APA review)
- Pinho v. Gonzales, 432 F.3d 193 (3d Cir. 2005) (de novo review in removal proceedings; finality considerations)
- Mejia Rodriguez v. U.S. Dep't of Homeland Sec., 562 F.3d 1137 (11th Cir. 2009) (TPS review distinguished; removal jurisdiction contemplated)