Background
Plaintiff Eugene Ezenwa Ebem sought to compel the government to adjudicate his adjustment of status petition which had been pending for over forty-three months. He filed suit under the Administrative Procedure Act and the Mandamus Act, arguing the district court had jurisdiction. He also raised a due process claim regarding the delay.
The court’s reasoning
The court held that the statute governing judicial review of adjustment of status applications acts as a jurisdictional bar to review under either the Administrative Procedure Act or the Mandamus Act. The court found the plaintiff had no protected liberty interest in adjustment of status proceedings, meaning no due process violation occurred. Additionally, the motion to amend the complaint was properly denied due to undue delay.
What it means going forward
Immigration applicants cannot use federal courts to compel adjudication of pending adjustment of status applications under the Administrative Procedure Act or Mandamus Act.