544 F. App'x 925
11th Cir.2013Background
- Pineda was placed in expedited removal after a CBP officer determined she was an intending immigrant without an immigrant visa under INA provisions.
- She sought mandamus relief and review of her expedited removal order in district court, arguing unlawful placement in expedited removal and denial of a fair removal hearing.
- The district court dismissed her complaint for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(b)(1).
- The government relied on statutory limits on judicial review of expedited removal orders in 8 U.S.C. § 1252(a)(2)(A)(i) and § 1252(e)(5).
- Pineda appealed to the Eleventh Circuit, challenging the dismissal; she did not press certain statutory jurisdictional theories on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal courts have jurisdiction to review merits of expedited removal order | Pineda: challenge to placement in expedited removal and denial of fair hearing entitles judicial review | Government: INA bars review of claims arising from/relating to expedited removal orders under §1252(a)(2)(A)(i) and precludes review of inadmissibility/relief under §1252(e)(5) | Court: No jurisdiction; claims barred because they attack merits of expedited removal order |
| Whether Mandamus Act or APA supplies independent jurisdiction | Pineda: invoked Mandamus Act and APA below to secure review | Government: statutory bar forecloses those remedies here | Court: Pineda waived appellate challenge to district court’s finding these statutes did not establish jurisdiction by failing to raise them on appeal |
| Whether denial of a fair removal hearing raises a justiciable constitutional/legal question | Pineda: asserted she was denied a fair removal hearing | Government: such claims are outside review permitted by §1252(a)(2)(D) | Court: Claim not properly before the court under §1252(a)(2)(D) |
Key Cases Cited
- Christian Coalition of Fla., Inc. v. United States, 662 F.3d 1182 (11th Cir. 2011) (standard of review for Rule 12(b)(1) dismissal is de novo)
- Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226 (11th Cir. 2005) (failure to raise an issue on appeal results in waiver)