Jose Santos Loredo Mata v. Secretary of Department of Homeland Security
426 F. App'x 698
11th Cir.2011Background
- Mata appeals district court dismissal for lack of subject-matter jurisdiction over claims under the APA, mandamus, declaratory relief, and federal question statutes.
- He argues district court should review the procedures followed when his lawful permanent resident status was rescinded.
- The district court held it lacked jurisdiction because Mata’s case concerns removal and is barred by 8 U.S.C. §1252.
- The INA restricts judicial review of removal orders to courts of appeals after a petition for review.
- Mata sought relief including stay of removal and reopening of removal proceedings, which would implicate the removal order.
- The court concludes Mata’s claims are effectively a challenge to removal and are barred by §1252(a)(5), (b)(9), and (g).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court jurisdiction exists to review removal-related actions | Mata seeks non-removal review of procedures | INA bars district-court review of removal decisions | No jurisdiction; §1252 bars district-court review of removal actions |
| Whether Mata’s challenge is properly framed as an APA/mandamus claim | Mata frames as APA/mandamus | Review is precluded by removal-bar provisions | Precluded; no independent jurisdiction under APA/mandamus/1331 when removal order exists |
| Whether Mata could survive jurisdictional bars by characterizing as rescission procedures | Challenge to INS rescission procedures separate from removal | Substance shows challenge to removal itself | Dismissed; removal order central to relief sought |
Key Cases Cited
- Califano v. Sanders, 430 U.S. 99 (U.S. 1977) (APA does not independently confer jurisdiction; statutory review limits apply)
- Borden v. Katzman, 881 F.2d 1035 (11th Cir. 1989) (Declaratory Judgment Act does not by itself create jurisdiction)
- Skelly Oil Co. v. Phillips Co., 339 U.S. 667 (Sup. Ct. 1950) (Implied limits on jurisdiction consistent with federal review framework)
- Sharkey v. Quarantillo, 541 F.3d 75 (2d Cir. 2008) (Discussed as contrast; removal-bar avoids district-court APA review when removal final)
- Ruiz v. Mukasey, 552 F.3d 269 (2d Cir. 2009) (Denying APA review where denial is related to removal proceeding)