Qureshi v. Holder
663 F.3d 778
| 5th Cir. | 2011Background
- Ghazanfar Qureshi, a Pakistani citizen, was granted asylum in 2000 based on JKLF persecution claims, with derivative asylum for his family.
- In January 2009, USCIS issued a notice of intent to terminate asylum, citing potential persecution by Qureshi’s JKLF leadership role and activities.
- At termination hearing, Qureshi admitted leadership of JKLF in Mirpur District and donations, but claimed no awareness of JKLF violence outside his district.
- In March 2009, USCIS terminated asylum, finding Qureshi participated in persecution as an active and prominent JKLF member, and placed the family in removal proceedings while terminating employment authorization.
- In June 2010, the Qureshis filed suit challenging the termination as unconstitutional and unlawful; the district court dismissed for lack of subject matter jurisdiction on the theory that termination was not final agency action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether asylum termination is final agency action under the APA | Qureshi argues termination consummates agency action. | USCIS contends termination is intermediate, not final. | Termination is not final agency action. |
| Whether the district court had subject matter jurisdiction over the claim | Premature challenge to termination before final removal order. | Termination is reviewable only after final order; jurisdiction exists later. | Court lacked subject matter jurisdiction. |
| Role of removal proceedings after termination | Removal proceedings follow termination, allowing review. | Termination is separate from removal review. | Removal proceedings are triggered but do not render termination final. |
| Scope of review under APA finality test | Finality should be read broadly to include termination. | Finality requires a consummation of decisionmaking with legal consequences. | APA finality is flexible; termination did not consummate decisionmaking. |
Key Cases Cited
- Bhargava v. Att'y Gen. of the U.S., 611 F.3d 168 (3d Cir. 2010) (review of termination decisions under APA finality principles)
- Cabaccang v. USCIS, 627 F.3d 1313 (9th Cir. 2010) (removal proceedings considerations; termination as intermediate action)
- Abbott Labs. v. Gardner, 387 U.S. 136 (Supreme Court 1967) (flexible, pragmatic view of finality in APA)
- Am. Airlines, Inc. v. Herman, 176 F.3d 283 (5th Cir. 1999) (multi-factor pragmatic test for finality)
- People's Nat'l Bank v. OCC, 362 F.3d 333 (5th Cir. 2004) (finality and judicial review standards for agency action)