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Hamdi v. Napolitano, 09-3285

By FindLaw Staff on September 08, 2010 5:12 PM

Hamdi v. Napolitano, 09-3285, concerned a challenge to the district court's dismissal of a complaint for lack of jurisdiction, in a severely disabled minor child's action under the Declaratory Judgment Act (DJA) and the Administrative Procedure Act (APA) to prohibit the Department of Homeland Security from removing his mother on the ground that the mother's removal violated his own constitutional rights as an American citizen.  In affirming the dismissal, the court held that the jurisdictional bar of 8 U.S.C. section 1252(g) does not apply to independent actions brought by a citizen child raising distinct constitutional rights.  Also, the APA does not provide subject matter jurisdiction in this case.  The court held that a citizen child raising distinct constitutional rights may assert federal question subject matter jurisdiction.  Lastly, dismissal was proper because petitioner failed to state a constitutional claim upon which relief may be granted.

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