Perez v. USCIS, No. 14-11084 (11th Cir. 2014)Annotate this Case
Plaintiff, a native and citizen of Venezuela and citizen of Cuba, appealed the dismissal of his complaint challenging the USCIS's determination that he was statutorily ineligible to adjust status under the Cuban Adjustment Act of 1966 (CAA), Pub. L. No. 89-732, 80 Stat. 1161. The court concluded that any arguments plaintiff may have had regarding the district judge's dismissal of his request for mandamus relief for failure to state a claim for which relief could be granted and any claims under the Declaratory Judgment Act (DJA), 28 U.S.C. 2201, has been abandoned by plaintiff's failure to raise them on appeal. Because the BIA lacked authority to review the USCIS CAA-eligibility determination, plaintiff had exhausted his administrative remedies prior to commencing his proceedings before the IJ. Therefore, the district judge erred when he determined that plaintiff's failure to exhaust available administrative remedies deprived him of jurisdiction over plaintiff's complaint. The court reversed the district court's dismissal for lack of subject matter jurisdiction, remanding for further proceedings.