Case Explained: Summary Calendar Eugene Ezenwa Ebem Plaintiff— v. Todd Wallace Blanche, Acting U.S. Attorney General; Markwayne Mullin, Secretary, U.S. Department of Homeland Security; Joseph B. Edlow, Director, U.S. Citizenship and Immigration Services; Lisa Kehl, USCIS District Director, Dallas Field Office Defendants—

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-17

The Fifth Circuit affirmed the district court’s dismissal of Eugene Ezenwa Ebem’s complaint seeking to compel adjudication of his I-485 adjustment of status petition, which had been pending for over 43 months. The court held that 8 U.S.C. § 1252(a)(2)(B)(i) serves as a jurisdictional bar preventing judicial review of decisions regarding adjustment of status applications under both the Administrative Procedure Act and the Mandamus Act, citing *Momin v. Jaddou* and *Cheejati v. Blinken*. Additionally, the court affirmed the dismissal of Ebem’s due process claim, ruling that an applicant has no protected liberty interest in discretionary adjustment of status proceedings or related interests such as effective assistance of counsel. The court also upheld the district court’s denial of Ebem’s motion to amend his complaint and join his wife as a plaintiff, finding that the district court acted within its discretion in determining there was undue delay given the timing of the motion relative to the case’s progression. As a result, the judgment dismissing the complaint is final, and no further relief regarding the adjustment of status petition or the amendment request is available through this appeal.

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