Moore v. Frazier, No. 18-2441 (4th Cir. 2019)Annotate this Case
Plaintiff and his wife appealed the district court's denial of their complaint alleging that USCIS unlawfully rejected the Form I-130 petition for Alien Relative that plaintiff filed on behalf of his wife. The district court dismissed the complaint based on lack of jurisdiction. The Fourth Circuit held that the district court erred in dismissing the complaint for lack of jurisdiction, because the Administrative Procedure Act authorized plaintiff's claim and 8 U.S.C. 1252(a)(2)(B) did not strip the court of jurisdiction to determine whether I-130 petitions pending at the time the Adam Walsh Act amended 8 U.S.C. 1154 should be processed by USCIS under the former or amended version of the statute.
However, the court affirmed the dismissal of the complaint and held that USCIS properly applied the Adam Walsh Act's amendments when adjudicating plaintiff's petition and nothing in the text of the amendments indicated that Congress did not intend for them to apply to pending I-130 petitions. In this case, the petition had been filed, but the agency had not yet approved or rejected it when the statutory amendments came into effect. Therefore, the court held that the amendments were not applied retroactively to a past decision or concerning past eligibility, but rather were applied to a then-pending decision regarding current eligibility for the requested relief. Finally, the court held that plaintiff's remaining arguments to the contrary lacked merit.