MEMORANDUM OPINION
This is a challenge to an order of expedited removal issued against a Canadian citizen who attempted to enter the United States from Canada. Timothy Dugdale was ordered removed after Customs and Border Protection (“CBP”) officers determined he was conducting business activities in the United States that were prohibited by his immigration status, and that he had lied about the business to gain entry into the country. Dugdale has petitioned the Court, in habeas, contending that he is in fact a U.S. citizen, or at least entitled to become a permanent lawful resident, because he was adopted as an infant by an American mother living in England. He also argues that the removal order was invalid because it was not signed by a CBP supervisor and that the expedited removal statute is unconstitutional. After review of all of the briefing, including some 37 separate pleadings filed by Mr. Dugdale, the Court concludes that it has subject matter jurisdiction over his citizenship and permanent residency claims under the limited judicial review provisions of the REAL ID Act of 2005, 8 U.S.C. § 1252(e)(2). It will nonetheless dismiss those claims because Dugdale has not alleged sufficient facts to state a claim for relief. The Court also will assert jurisdiction over Dugdale’s claim that his removal order was procedurally defective and will order supplemental briefing to resolve lingering questions of fact and law regarding the potential defect in the order. Finally, the Court finds that it lacks subject matter jurisdiction over Dugdale’s constitutional challenge to the expedited removal system because he did not file it within 60 days after the contested provisions were implemented, as required by 8 U.S.C. § 1252(e)(3). The Court, accordingly, will grant the government’s motion to dismiss in part.
I. Background
The following facts are drawn from Mr. Dugdale’s habeas petition and related filings. The Court accepts them as true for the purpose of resolving the petition. Dugdale was born in England in 1964 and
On January 10, 2012, Dugdale tried to return to his home outside Detroit after visiting his mother in Ontario. When questioned by CBP officers at the Detroit Ambassador Bridge, he initially denied conducting any business in the U.S. other than his teaching job. On further questioning, however, Dugdale conceded in a sworn statement that he operated the graphic design business and that he had not disclosed it because he feared he would be denied admission. He also acknowledged having denied the existence of the business when questioned during a prior border crossing. Based on his statement, CBP determined that Dugdale had willfully misrepresented a material fact in order to gain admission into the United States and, accordingly, issued an order under the expedited removal statute, 8 U.S.C. § 1225(b)(1), barring him from entering the United States for five years. Habeas Petition at 17 (Determination of Inadmissibility).
Dugdale challenged his expedited removal order in two ways. First, he filed a “petition for review” with the Sixth Circuit. See Dugdale v. Holder, No. 13-3453 (6th Cir. June 13, 2013). The Sixth Circuit held that it did not have jurisdiction to review the order of expedited removal under the narrow judicial review provisions of 8 U.S.C. § 1252(a)(2)(A). Id. Dugdale then filed a petition for a writ of habeas corpus in the U.S. District Court for the Eastern District of Michigan. The district court sua sponte dismissed that petition without prejudice. Dugdale v. Woods, No. 13-12300,
One avenue remained: Dugdale requested discretionary permission to enter the country, see 8 U.S.C. § 1182(d)(3)(A), which CBP granted. On July 11, 2014, while on this “advance parole,” Dugdale personally filed his habeas petition in this court. He later voluntarily left the United States within the time limits prescribed by his advance parole but was again granted permission to return to care for his infant son while his wife was being treated for cancer. Pet.’s Reply to Mot. for Emergency Stay of Removal. This second discre
II. Analysis
Dugdale’s habeas petition, supplemented by a series of colorful pro se filings, presents four principal grounds for relief.
Dugdale filed his habeas petition under the general habeas corpus statute, 28 U.S.C. § 2241. Habeas Petition at 1. Congress, however, created exclusive procedures for challenging orders of expedited removal. See 8 U.S.C. § 1252(e)(1) (“Without regard to the nature of the action, or claim ..., no court may (A) enter declaratory, injunctive, or other equitable relief in any action pertaining to [an order of expedited removal] except as specifically authorized in a subsequent paragraph of this subsection.”). The vehicle for seeking review of expedited removal orders is a petition for habeas corpus in federal district court. Id. § 1252(e)(2) (“Judicial review of any determination made under [the expedited removal provision] is available in habeas corpus proceedings.”). This is not full-blown habeas review, however. The district court’s review of an expedited removal order is limited to three narrow questions:
(A) whether the petitioner is an alien,
(B) whether the petitioner was ordered removed under such section, and
(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence, has been admitted as a refugee under section 1157 of this title, or has been granted asylum under section 1158 of this title....
Id. The statute also authorizes challenges to the constitutionality of the expedited removal statute and its associated regulations. Id. § 1252(e)(3). But any such action must be filed within 60 days after the challenged provision or regulation was first implemented. Id. § 1252(e)(3)(B).
The central task before the Court, then, is to determine whether review of any of Dugdale’s claims pertaining to his expedited removal order is permitted by the narrow confines of Section 1252(e). If review is not permitted, the Court lacks jurisdic
A. Citizenship
The Court has subject matter jurisdiction over Dugdale’s claim to U.S. citizenship because that question relates to “whether [he] is an alien.” 8 U.S.C. § 1252(e)(2)(A). The substance of his claim — whether he derived citizenship from his U.S. citizen mother — is determined under the law in effect at the time “the critical events giving rise to eligibility occurred.” Minasyan v. Gonzales,
Fairly or not, however, U.S. law at the time of Dugdale’s birth did distinguish between adopted children and natural-born children. See 8 U.S.C. §§ 1431(b), 1432(b) (1964 & 1982) (noting different automatic citizenship provisions for adopted children upon naturalization of an alien parent); id. § 1433(b) (1982) (outlining the mechanisms by which an adopted child may naturalize). In order for an adopted child born abroad to naturalize, a petition of naturalization must have been filed on the child’s behalf before his or her 18th birthday and the adopted child must have lived in the United States with his or her citizen parent pursuant to a “lawful admission for permanent residence.” Id. § 1433(b) (1982). Because Dugdale acknowledges that he never resided in the U.S. before age 18 and does not allege that a naturalization petition was filed on his behalf before he turned 18, he has not demonstrated his entitlement to derivative U.S. citizenship as an adopted child. Dugdale’s citizenship challenge must therefore be dismissed for failing to state a claim.
B. Permanent Residency
As an alternative to his citizenship claim, Dugdale asserts that he was the beneficiary of two approved “1-130” petitions when he was turned away at the border. Having an approved 1130 petition enables certain relatives of a U.S. citizen to request to be admitted as a lawful permanent resident (also known as “adjusting status”). Dugdale argues he should have been permitted to adjust status to that of a lawful permanent resident “on the spot.”
Although Dugdale now asserts that he had at least one approved 1-130 petition, he told the CBP agents at the border that he was still waiting for the petition to be approved. See Resp’ts’ Mot. to Dismiss Ex. 1, at 2. But even if Dugdale had an approved petition, that still would not have entitled him to lawful permanent resident status. There is no “on the spot” avenue to become a permanent resident, with an approved 1-130 or otherwise. In order to become a lawful permanent resident after receiving an approved petition, an alien must submit an application to adjust status. 8 U.S.C. § 1255(a). Dugdale does not allege he ever made that request. Because Dugdale does not allege that he had been admitted as a lawful permanent resident, he has not set forth sufficient facts to establish that he is entitled to the relief he seeks. The Court will therefore dismiss Dugdale’s permanent residency claim.
C. Invalidity of Removal Order
Dugdale next claims that his expedited removal order is invalid because it was not signed by a CBP supervisor. Once again, the Court first must determine whether judicial review of that claim is permitted by Section 1252(e)(2). One of the three questions a court may consider under that section is “whether the petitioner was ordered removed.” 8 U.S.C. § 1252(e)(2)(B). In doing so, the statute instructs that “the court’s inquiry shall be limited to whether [an expedited removal] order in fact was issued and whether it relates to the petitioner.” Id. § 1252(e)(5). The order here clearly “relates to the petitioner.” But can it be said that Dugdale’s claim relates to whether the order “in fact was issued”? Case law on this question is scarce. While no court appears to have examined the precise issue presented here, one court reviewed a petition under Section 1252(e)(2)(B) where the petitioner claimed to be exempt from the documentation requirements the government alleged he violated. See Smith v. Customs & Border Prot.,
The expedited removal statute provides that an alien “arriving in the United States” who is determined to be inadmissible shall be ordered removed without a hearing, unless he or she asserts a claim of asylum or fear of prosecution. 8 U.S.C. § 1225(b)(l)(A)(i). The determination of
The order which CBP served on Dug-dale — a copy of which he provided to the Court — does not bear a supervisor’s signature or a checked box indicating remote approval. Habeas Petition at 17. Dug-dale therefore has raised a legitimate question as to whether a CBP supervisor in fact “reviewed and approved” the order before it was served, as réquired by CBP’s regulations, and as to when, if ever, the order became final. The government attempts to deflect this potential deficiency by directing the Court to another copy of the order which does bear a supervisor’s signature. Resp’ts’ Opp’n to Emergency Stay of Removal, Ex. 1. The government represents that this signed version of the order was “retrieved from [Dugdale’s] Alien File,” Resp’ts’ Opp’n to Pet. Emergency Stay of Removal at 6, yet it does not say, through affidavits or otherwise, when the order was retrieved or when the supervisor signed it, and the signature itself is not dated. On the current record, therefore, the order could have been signed at any time between Dugdale’s removal and the submission of the exhibit in these proceedings. As a result, it remains unclear whether CBP complied with its own regulations in issuing Dugdale’s removal order. To resolve this factual issue — and determine what, if any, effect a lack of supervisor approval might have on the validity of the order and the relief available to Dug-dale — the Court will reserve judgment on this aspect of the petition and invite the parties to submit supplemental briefing solely on this issue. The Court asks the parties to include responses to the following questions in their submissions:
(1) Was the order “reviewed and approved” by a CBP supervisor? If so, when?
(2) When was the order retrieved from Dugdale’s immigration file?
(3) When was the order signed by a CBP supervisor?
(4) What legal effect does the order have if it was signed by the super- . visor after Dugdale was served with the order?
(5) What legal effect does the order have if it became final only after Dugdale was removed?
(6) Was Dugdale still an “arriving” alien when the removal order became final? See 8 U.S.C. § 1225(b)(l)(A)(i); Am-Arab Anti-Discrimination Comm.,272 F.Supp.2d at 665-66 .
(7) If the removal order is deemed in: valid due to a lack of supervisory approval, what if any remedy is Dugdale entitled to receive?
It may well be that nothing turns on the missing signature in this case. But given how few means aliens have to challenge expedited removal orders, the Court believes it important that CBP follow the
D. Constitutionality of the Expedited Removal System
Finally, Dugdale challenges the constitutionality of the expedited removal system as a whole. He argues that the system does not allow a recipient of a removal order sufficient opportunity to refute alienage, or extend heightened due process to aliens who have accrued “meaningful connections” with the United States. Habeas Petition at 11-12; see United States v. Verdugo-Urquidez,
As noted above, however, Congress provided that any constitutional challenge to the expedited removal system must be filed within 60 days after the contested statutory provision, regulation, or procedure is first implemented. 8 U.S.C. § 1252(e)(3)(B). This “60-day requirement is jurisdictional rather than a traditional limitations period.” Am. Immigration Lawyers Ass’n v. Reno,
Dugdale contends that his constitutional challenge should be allowed to proceed notwithstanding Section 1252(e)(3)’s 60-day bar because the statute violates the Suspension Clause of Article I of the Constitution. Habeas Petition at 11-12. Relying principally on Boumediene v. Bush,
III. Final Thoughts
Apart from running a small business out of his home and lying about it in order to return home from visiting his mother, the government does not appear, to contest that Dugdale has long been an otherwise law-abiding and tax-paying resident of the United States. For his sins, he has been barred from the entering the country for five years, kept from his job, and separated from his ailing wife and American children. While the Court in no way condones Dugdale’s conduct, a repentant Dugdale strikes it as a worthy candidate for further parole or whatever other discretionary dispensation may be available to him while he continues to litigate his claims. See e.g., 8 U.S.C. § 1182 (noting the Attorney General may, in his discretion, parole an alien into the United States for humanitarian reasons or significant public benefit). That said, and for the foregoing reasons, the Court will grant Respondents’ Motion to Dismiss in part, reserve judgment on Dugdale’s claim he was never removed pursuant to a' valid order, and deny the remainder of Dugdale’s motions. The Court will issue an order consistent with this opinion.
Notes
. Dugdale has also filed various other motions: A motion for summary judgment on his citizenship claim, (ECF No. 6); a motion for a temporary restraining order and preliminary injunction, which the Court denied (ECF No. 7); a motion for a writ of mandamus to compel the government to admit him into the country (ECF No. 14); a motion for a declaratory judgment and oral hearing (ECF No. 23); a motion for a stay of removal, which the Court denied (ECF No. 35); a motion for reconsideration of the stay denial (ECF No. 44); and a variety of other notices of supplemental authority, responses, and surreplies. The D.C. Circuit summarily denied Dugdale’s appeal of this Court’s denial of his motion for a stay. In re Dugdale, No. 14-5329 (D.C.Cir. Jan. 14, 2015). The Court has reviewed and considered all these filings and has construed Dudgdale’s arguments liberally in consideration of his pro se status.
. Dugdale concedes that his actions before removal, such as working under TN status,
. The Court similarly rejects Dugdale s assertion that the Court has jurisdiction to hear his claims under the general habeas corpus statute, 28 U.S.C. § 2241. As indicated above, 8 U.S.C. § 1252(e) provides the exclusive avenue for challenging expedited removal orders.