DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
Jajati v. CBP
"We have jurisdiction under 28 U.S.C. § 1291. We hold that § 701(a)(2) does not bar judicial review of Jajati’s APA claims. Although CBP has broad discretion to revoke SENTRI memberships, the APA itself recognizes that discretion can be “abuse[d].” 5 U.S.C. § 706(2)(A). And the law governing SENTRI provides meaningful standards under which courts can review whether CBP wielded its discretion in a permissible manner. Jajati’s case is therefore not one of those rare instances in which we lack jurisdiction because “there is truly no law to apply.” See Perez Perez v. Wolf, 943 F.3d 853, 861 (9th Cir. 2019) (internal quotation marks omitted). Hence, we reverse the district court’s order which granted CBP’s motion to dismiss for lack of subject matter jurisdiction. We remand with instructions that the district court consider, in the first instance, whether CBP’s decision to revoke Jajati’s SENTRI membership violated the APA."
[Hats off to Saman Nasseri! Audio of the oral argument is here.]