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No Jurisdiction to Review Claim Regarding I-485 Application

By FindLaw Staff on April 28, 2010 12:37 PM

Bian v. Clinton, No. 09-10568, concerned an action seeking to compel the United States Department of Homeland Security, Citizenship and Immigration Services ("USCIS") to adjudicate plaintiff's I-485 application for adjustment of immigration status.  The court of appeals affirmed the dismissal of the action, on the ground that, because plaintiff contested the USCIS's decision to adjudicate her application in compliance with regulations that were clearly within the agency's discretion to establish, the federal courts were without jurisdiction to entertain her claim.

As the court wrote:  "Appellant Fei Bian ("Bian"), a Chinese national residing lawfully in the United States since 1999, appeals the district court's dismissal of her complaint seeking to compel the United States Department of Homeland Security, Citizenship and Immigration Services ("USCIS") to adjudicate her I-485 application for adjustment of immigration status. Agreeing with the appellees that, under these facts, we lack jurisdiction to review the pace of the USCIS's adjudication process, we affirm."

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