Saul Martinez v. Janet Napolitano
704 F.3d 620
9th Cir.2012Background
- Martinez, a Guatemalan citizen, challenged the BIA’s denial of asylum, withholding of removal, and CAT relief as arbitrary and capricious under the APA.
- The district court dismissed for lack of jurisdiction, applying the REAL ID Act’s jurisdiction-stripping provisions.
- The REAL ID Act limits judicial review to a petition for review of removal orders and bars APA challenges that indirectly attack removal orders.
- Martinez previously sought and obtained review of his removal order in prior appellate proceedings, but now alleges independent APA claims.
- The court held that Martinez’s APA claims are inextricably linked to the removal order and thus prohibited by 8 U.S.C. § 1252(a)(5).
- The district court’s dismissal was proper, and the Ninth Circuit affirmed the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1252(a)(5) bars district court APA review | Martinez argues APA claims independently challenge removal procedures | Napolitano contends the claims indirectly attack the removal order and fall outside jurisdiction | Yes; § 1252(a)(5) bars the district court from hearing such APA claims |
| Independent vs. indirect challenge analysis | Martinez frames claims as independent of removal order | BIA’s decisions tied to removal order render claims indirect challenges | Claims are inextricably linked to the removal order and cannot be reviewed |
| Effect of zipper clause and exclusive review | Martinez seeks relief beyond petition for review | ZIPPER clause and exclusive review language foreclose such relief | Court agrees with defendant; relief must be through petition for review |
Key Cases Cited
- Singh v. Gonzales, 499 F.3d 969 (9th Cir. 2007) (describes scope of jurisdiction and independent vs. collateral attacks)
- Morales-Izquierdo v. DHS, 600 F.3d 1076 (9th Cir. 2010) (challenge to an orderor removal barred if tied to removal outcome)
- Delgado v. Quarantillo, 643 F.3d 52 (2d Cir. 2011) (bars district court review of APA claims seeking to compel consideration of removal-eligible relief)
- Estrada v. Holder, 604 F.3d 402 (7th Cir. 2010) (district court lacks jurisdiction where relief would affect removal order)
- Bonhometre v. Gonzales, 414 F.3d 442 (3d Cir. 2005) (jurisdiction stripping intended to limit relief while removal order stands)