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JAJATI v. U.S. CUSTOMS AND BORDER PROTECTION

No. 22-56015.

JACOBO JAJATI, Plaintiff-Appellant, v. UNITED STATES CUSTOMS AND BORDER PROTECTION; TROY A. MILLER, in his official capacity as the Acting Commissioner of the United States Customs and Border Protection; DOES, 1 through 10, inclusive Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2024.

Attorney(s) appearing for the Case

Saman Nasseri (argued), Nasseri Legal, San Diego, California, for Plaintiff-Appellant.

Janet A. Cabral (argued), Assistant United States Attorney; Katherine Parker , Assistant United States Attorney, Civil Division Chief; Randy S. Grossman , United States Attorney; Office of the United States Attorney, San Diego, California; for Defendants-Appellees.

Opinion by Judge Bea, Dissent by Judge VanDyke.

OPINION

We are called upon to decide whether § 701(a)(2) of the Administrative Procedure Act ("APA"), which bars judicial review of agency actions that are "committed to agency discretion by law," 5 U.S.C. § 701(a)(2), precludes us from reviewing the United States Customs and Border Protection's ("CBP") discretionary...

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