Case: 17-60460 Document: 00514587834 Page: 1 Date Filed: 08/06/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 6, 2018 No. 17-60460 Lyle W. Cayce Clerk STEFANY VEGA DURON, a Minor, and; BRITTANY ELIZABETH VEGA DURON, a Minor, by and Through Their Father and Next Friend; MARTIN DURON ESPARZA, and by and Through Their Next Friends; TROY BROWN; CHRIS BROWN, Plaintiffs - Appellants v. RON JOHNSON, Individually, and in His Official Capacity as Director of the Mississippi Field Office of the United States Immigration and Custom Enforcement Division of the United States Department of Homeland Security; and; DERRICK MCCLUNG, an Immigration Officer of the Mississippi Field Office of the United States Immigration and Custom Enforcement Division of the United States Department of Homeland Security, Defendants - Appellees Appeal from the United States District Court for the Northern District of Mississippi Before REAVLEY, GRAVES, and COSTA, Circuit Judges. REAVLEY, Circuit Judge: This case tells a story of America’s treatment of immigrants but presents to this court only a question of jurisdiction. Children brought suit to halt the deportation of their father—a 20-year resident of this country, married father of five (four of whom are U.S. citizens), taxpayer with no criminal record, and Case: 17-60460 Document: 00514587834 Page: 2 Date Filed: 08/06/2018 No. 17-60460 valued member of his Mississippi community. The district court held that it lacked subject-matter jurisdiction and dismissed the suit. We affirm. I. Martin Duron Esparza is a citizen of Mexico and resident of Mississippi. In 2011, Martin filed an application for cancellation of removal under 8 U.S.C. § 1229(b)(1), which requires proof of: (1) continuous physical presence for 10 years immediately preceding the date of application; (2) good moral character; (3) lack of certain criminal convictions; and (4) that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. 8 U.S.C. § 1229b(1). An immigration judge found Martin satisfied the latter three prongs but not the continuous-presence prong. The immigration judge thus denied Martin’s application for cancellation of removal and ordered him removed to Mexico. Martin appealed to the Board of Immigration Appeals (BIA), but the BIA dismissed the appeal in 2013. For several years, United States Immigration and Customs Enforcement (ICE) permitted Martin to remain in the country under an Order of Supervision. In 2017, Martin applied to ICE for a stay of removal. ICE denied Martin’s request, and on May 30, 2017, Martin received a formal notice to leave the country by June 1, 2017. In short order, two of Martin’s minor children, Brittany and Stefany, filed suit against certain ICE officials in federal district court, requesting a temporary restraining order enjoining the removal of their father. The children, U.S. citizens, alleged two basic constitutional wrongs: (1) Martin’s deportation was arbitrary and violates his children’s rights to familial association under the First and ...
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