UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) MARVIN YOVANY CABRERA ) CABRERA ) ) Plaintiff, ) ) v. ) Case No. 18-cv-01602 (APM) ) UNITED STATES CITIZENSHIP AND ) IMMIGRATION SERVICES, et al., ) ) Defendants. ) _________________________________________ ) MEMORANDUM OPINION AND ORDER I. INTRODUCTION On January 12, 2017, Defendant U.S. Citizenship and Immigration Services (“USCIS”) revoked Plaintiff Marvin Yovany Cabrera Cabrera’s previously approved Form I-360 visa petition for special immigrant juvenile status. USCIS determined that Plaintiff was not eligible for special immigrant juvenile status because he filed his Petition on the day of his 21st birthday, instead of before his 21st birthday, as required by the agency’s regulations. Plaintiff brings this action challenging the revocation of his I-360 Petition under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701 et seq., and the Equal Protection and Due Process Clauses of the United States Constitution. Defendants move to dismiss Plaintiff’s Complaint both for lack of subject matter jurisdiction and for failure to state a claim. As to subject matter jurisdiction, Defendants argue that this court lacks the power to review agency decisions revoking I-360 Petitions because such actions are discretionary and specifically excluded by statute from judicial review. As for failure to state a claim, Defendants maintain that Plaintiff has not adduced facts that render it plausible that the agency’s action was arbitrary and capricious. Defendants also point out that the court lacks jurisdiction as to Plaintiff’s constitutional claims, which must be raised directly with the D.C. Circuit. The court grants Defendants’ Motion to Dismiss in part and denies it in part. The court lacks jurisdiction over Plaintiff’s APA claim insofar as he alleges that the revocation of his Petition was arbitrary and capricious because the agency unreasonably delayed in taking such action. The court, however, has jurisdiction to review Plaintiff’s challenge to the reasonableness of USCIS’s regulations on filing petitions seeking special immigrant juvenile status and the implementation of those regulations. Finally, with respect to Plaintiff’s constitutional claims, the court defers to Plaintiff as to whether those claims should be transferred now or later to the D.C. Circuit for review. II. BACKGROUND A. Legal Background Section 204(a)(l)(G) of the Immigration and Naturalization Act (“INA”) allows persons qualifying for Special Immigrant Juvenile (“SIJ”) status to obtain a residency visa and eventually seek lawful permanent residence. See 8 U.S.C. § 1154(a)(1)(G)(ii). Section 101(a)(27)(J) of the INA defines an SIJ as: (J) an immigrant who is present in the United States— (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law; 2 (ii) for whom it has ...
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