Hernandez v. Jaddou, No. 22-20325 (5th Cir. 2023)
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Plaintiffs are six citizens of El Salvador and Honduras who entered the United States illegally over twenty years ago, and all have final orders of deportation and removal. After receiving those orders, all Plaintiffs successfully achieved temporary protected status (“TPS”) and traveled out of the United States with an advance parole document. Plaintiffs sued, alleging that USCIS’s failure to accept jurisdiction and adjudicate the claims violated the Administrative Procedure Act. Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), alleging that the district court did not have subject matter jurisdiction. The district court granted the motion to dismiss under Rule 12(b)(6).
The Fifth Circuit affirmed. Citing Duarte v. Mayorkas, 27 F.4th 1044 (5th Cir. 2022), the court explained that Duarte dealt with TPS beneficiaries with final removal or deportation orders who traveled abroad, returned, and challenged USCIS’s administrative closure of their status-adjustment applications for want of jurisdiction. The court explained that Plaintiffs provided no relevant reasons for how their case functionally differs from Duarte's. Instead, they openly asked the court to revisit and re-analyze Duarte. Thus, the court reasoned that even if it disagreed with Duarte’s interpretation of the law, the court still would have to follow it.
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