Camarena v. Director, Immigration and Customs Enforcement, No. 19-13446 (11th Cir. 2021)Annotate this Case
In these consolidated appeals, plaintiffs, two immigrants who admit that they are subject to valid removal orders, filed suit alleging that the government cannot remove them because that would interfere with their "regulatory rights" to remain in the United States while they apply for waivers.
The Eleventh Circuit concluded that plaintiffs' applications do not give the court subject matter jurisdiction to interfere with the execution of their removal orders. The court explained that plaintiffs' claims fall squarely within 8 U.S.C. 1252(g)'s jurisdictional bar where the action being challenged is the government's execution of plaintiffs' removal orders. In this case, section 1252(g) strips the court of jurisdiction to hear the claims brought by plaintiffs, and the statute does not offer any discretion-versus-authority distinction of the sort they claim. Because Congress stripped federal courts of jurisdiction over such claims, the court affirmed the district court's dismissals.