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FIRSTLAND INTERN., INC. v. U.S. I.N.S.

No. 03-6139.

377 F.3d 127 (2004)

FIRSTLAND INTERNATIONAL, INC. and Shao Zeng Chai, Plaintiffs-Appellants, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 2, 2004.

Attorney(s) appearing for the Case

Alan Lee, New York, NY, for Plaintiffs-Appellants.

F. Franklin Amanat, Assistant United States Attorney (Varuni Nelson, Assistant United States Attorney, Steven J. Kim, Assistant United States Attorney, Dione M. Enea, Special Assistant United States Attorney, of counsel; Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Defendant-Appellee.

Ronald Y. Wada, Berry, Appleman & Leiden LLP, San Francisco, CA, for Amicus Curiae American Immigration Lawyers Association.

Colleen L. Caden (John A. Quinn, of counsel), Fragomen, Del Rey, Bernsen & Loewy, P.C., New York, NY, for Amici Curiae American Council on International Personnel and The Chamber of Commerce of the United States of America.

Before: KEARSE, CABRANES, and KATZMANN, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

Plaintiffs Firstland International, Inc. ("Firstland") and Shao Zeng Chai ("Chai") appeal from an order of the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge), dismissing plaintiffs' action for lack of subject matter jurisdiction. The question presented on appeal is whether 8 U.S.C. § 1252(a)(2)(B)(ii) ("Section 1252"), which precludes judicial review of certain decisions that...

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