Martinez v. Napolitano, et al, No. 10-56023 (9th Cir. 2012)
Annotate this CasePetitioner, a citizen of Guatemala, filed an action in District Court alleging that the BIA's decision to deny his application for asylum, withholding of removal, and relief under the Convention Against Torture was arbitrary and capricious under the Administrative Procedure Act (APA), 5 U.S.C. 701-706. The court held that 8 U.S.C. 1252(a)(5) prohibited APA claims that indirectly challenged a removal order. All claims challenging the procedure and substance of agency determinations "inextricably linked" to the order of removal were prohibited by section 1252(a)(5), no matter how the claims were framed. Accordingly, the court affirmed the district court's dismissal for lack of subject matter jurisdiction.
Court Description: Immigration. The panel affirmed the district court’s dismissal for lack of subject matter jurisdiction of Saul Martinez’s action alleging that the Board of Immigration Appeals' denial of asylum and related relief was arbitrary and capricious in violation of the Administrative Procedure Act (APA). The panel held that 8 U.S.C. § 1252(a)(5) (specifying that the petition for review process is the exclusive means to challenge an order of removal), prohibits APA claims that indirectly challenge a removal order. The panel wrote that all claims challenging the procedure and substance of agency determinations "inextricably linked" to the order of removal are prohibited by § 1252(a)(5), no matter how the claims are framed.
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