Gicharu v. Carr, No. 19-1864 (1st Cir. 2020)
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The First Circuit dismissed Appellant's appeal of the order of the district court dismissing Appellant's complaint seeking an order compelling the Board of Immigration Appeals (BIA) to rescind and reissue an order of removal it affirmed in 2013 and later refused to reopen, holding that the district court lacked subject matter jurisdiction.
In 2013, the BIA affirmed an order authorizing the removal of Appellant to his country of origin. Appellant filed a motion to reopen his removal proceedings, which the BIA denied. Appellant then commenced this action in the United States District Court against officials of the Department of Justice claiming a right of action under the Administrative Procedure Act (APA) and any statutes providing for habeas corpus. The district court dismissed the complaint for failure to state a claim. The First Circuit dismissed Appellant's appeal, holding that Appellant's APA claim and habeas claim both arose from his removal proceedings and that the district court lacked subject matter jurisdiction over those claims.
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