Shabaj v. Holder, No. 12-703 (2d Cir. 2013)
Annotate this CasePlaintiff, a native and citizen of Albania, appealed the district court's dismissal of his complaint, holding that it lacked jurisdiction to review the decision of the CIS to deny plaintiff's application for a waiver of inadmissibility pursuant to section 212(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(i). Because the plain language of the INA provided that judicial review of such decisions was available only for "constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals," the district court correctly determined that it lacked jurisdiction to adjudicate plaintiff's claims. The court need not consider the government's remaining arguments that plaintiff's removal from the United States rendered this appeal moot and that plaintiff failed to identify any legal errors in the CIS's decision.
The court issued a subsequent related opinion or order on April 25, 2013.
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