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CA9 on APA, U Visas: Perez Perez v. Wolf

November 22, 2019 (1 min read)

Perez Perez v. Wolf

"Pedro Tomas Perez Perez brought suit in the district court under the Administrative Procedure Act (“APA”), challenging the denial of his U visa petition by the United States Citizenship and Immigration Service (“USCIS”). The district court dismissed Perez’s action for lack of subject matter jurisdiction. The district court held that § 701(a)(2) of the APA precludes judicial review because U visa determinations are “committed to agency discretion by law.” 5 U.S.C. § 701(a)(2). On appeal, Perez argues that § 701(a)(2) does not apply, contending that the statutory and regulatory framework governing U visa determinations affords “meaningful standards” for reviewing his claims. Heckler v. Chaney, 470 U.S. 821, 834 (1985). We hold that § 701(a)(2) does not bar judicial review of Perez’s APA claims. We hold, further, after sua sponte consideration, that § 1252(a)(2)(B)(ii) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) does not strip jurisdiction over Perez’s action. We reverse and remand."

[Hats way off to Henry Cruz!]