Immigration Law

CA6 on APA Finality: Hosseini v. Johnson

Hosseini v. Johnson, June 17, 2016 - "Appellant Mehrdad Hosseini (“Hosseini”) appeals the district court’s dismissal of his complaint for failure to state a claim. Hosseini sought review of the United States Citizenship and Immigration Service’s (“USCIS’s”) denial of his application to adjust his status from that of an asylee to that of a permanent resident. Defendants Rand Beers and others, moved to dismiss the complaint for lack of subject-matter jurisdiction and, alternatively, to dismiss the complaint for failure to state a claim. The district court held that it had subject-matter jurisdiction over Hosseini’s claim pursuant to the federal question statute, 28 U.S.C. § 1331. The district court dismissed the complaint for failure to state a claim, concluding that the denial of Hosseini’s application was not a “final agency action” within the meaning of the Administrative Procedure Act (“APA”). Because we hold that the denial of Hosseini’s application was a final agency action, we REVERSE."  [Hats off to Lance Curtright!]