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ELLDAKLI v. GARLAND

No. 22-20344.

64 F.4th 666 (2023)

Doctor Fathi Elltaif Saad ELLDAKLI; Naglla Kouni Salem Ghadar; Hadil Fathi El Elldakli; Ranim Fathi El Elldakli; Taha Fathi El Elldakli, Plaintiffs-Appellants, v. Merrick B. GARLAND; Department of Homeland Security; Director Alejandro N. Mayorkas; USCIS; Ur M. Jaddou; John Allen; Wallace L. Carroll; United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED April 4, 2023.

Attorney(s) appearing for the Case

Merina Shakya , Quan Law Group, P.L.L.C., Houston, TX, for Plaintiffs-Appellants.

Alessandra Faso , U.S. Department of Justice, Office of Immigration Litigation District Court Section, Washington, DC, Eleanor Ann Robinson-Gaither, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Defendants-Appellees Merrick B. Garland, Director Alejandro N. Mayorkas.

Alessandra Faso , U.S. Department of Justice, Office of Immigration Litigation District Court Section, Washington, DC, for Defendants-Appellees Department of Homeland Security, USCIS, Ur M. Jaddou, John Allen, Wallace L. Carroll, United States of America.

Before Higginbotham, Smith, and Engelhardt, Circuit Judges.

Plaintiffs ask whether 8 U.S.C. § 1252 strips the federal courts of jurisdiction to review certain status-adjustment decisions by United States Citizenship and Immigration Services ("USCIS"). But the parties overlook whether the federal courts have subject-matter jurisdiction to review status-adjustment decisions...

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