J.M.O. v. United States, No. 20-2422 (8th Cir. 2021)
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After USCIS denied plaintiff's I-485 application for adjustment of status to lawful permanent resident under 8 U.S.C. 1255(m), plaintiff filed suit in the District of Minnesota and filed a motion for a preliminary injunction setting aside the effective date of the denial. Plaintiff had previously submitted a U-nonimmigrant status (I-918) application and an application for waiver of inadmissibility (I-192). The district court denied the motion, concluding that 8 U.S.C. 1252(a)(2)(B)(i) deprived the court of subject matter jurisdiction to review the agency’s denial of discretionary adjustment of status relief.
The Eighth Circuit affirmed, concluding that the district court correctly determined that it lacked jurisdiction to grant the requested preliminary injunction. The court agreed with the district court that, based on the plain language of section 1252(a)(2)(B)(i), the court has no jurisdiction to review the underlying denial of plaintiff's adjustment of status under section 1255(m). In this case, the statutory substantive ground on which USCIS based its denial of plaintiff's I-485 application -- his failure to establish that adjustment of status is warranted on humanitarian grounds, to ensure family unity, or is otherwise in the public interest -- is a discretionary determination governed by section 1252(a)(2)(B)(i), like determinations to deny cancellation of removal under section 1229b(b) because removal would not cause exceptional and extremely unusual hardship to a U.S. citizen family member. Finally, the court rejected plaintiff's remaining unconstitutional deprivation claim because there is no constitutionally protected liberty interest in discretionary relief under the Immigration and Nationality Act.
Court Description: [Loken, Author, with Wollman and Erickson, Circuit Judges] Civil case - Immigration. The district court correctly determined it lacked jurisdiction to review the Board of Immigration Appeals' discretionary denial of petitioner's request for adjustment of status under 8 U.S.C. Sec. 1255(m).
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