Case: 20-20274 Document: 00515698353 Page: 1 Date Filed: 01/07/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-20274 January 7, 2021 Summary Calendar Lyle W. Cayce Clerk Kevin Abimael Ochoa-Castillo, Plaintiff—Appellant, versus Wallace L. Carroll, Acting Director, Houston Field Office, U.S. Citizenship and Immigration Services; Kenneth T. Cuccinelli, Acting Director, U.S. Citizenship and Immigration Services; Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security; Jeffrey A. Rosen, Acting U.S. Attorney General, Defendants—Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CV-878 Before King, Smith, and Wilson, Circuit Judges. Per Curiam:* * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-20274 Document: 00515698353 Page: 2 Date Filed: 01/07/2021 No. 20-20274 The district court dismissed Kevin Abimael Ochoa-Castillo’s lawsuit challenging the United States Customs and Immigration Service’s (USCIS) denial of his petition for Special Immigrant Juvenile (SIJ) status. 1 Ochoa- Castillo appeals, contending that he plausibly alleged violations of the Administrative Procedure Act (APA). We AFFIRM. BACKGROUND Ochoa-Castillo is a native and citizen of Honduras. After entering the United States without inspection on July 31, 2015, he and his mother were detained and placed in removal proceedings. On February 1, 2016, in an apparent effort to obtain SIJ immigration status, Ochoa-Castillo petitioned the 313th District Court, in Harris County, Texas, for a declaratory judgment. On March 23, 2016, the court granted the petition, declaring that: [The Petitioner] has been abused, abandoned and/or neglected by his father, . . . [;] is a dependent of the court in that there is no parent able to care for him in his home country of Honduras[;] reunification with [the Petitioner’s] father . . . is not viable due to abuse, abandonment or neglect or a similar basis found under Texas law[; and] that it is not in the [Petitioner]’s best interest to be returned to his previous country of nationality, and country of last habitual residence, Honduras. 1 “SIJ status provides a path for certain children to become lawful residents of the United States.” Budhathoki v. Nielsen, 898 F.3d 504, 508 (5th Cir. 2018). Under 8 U.S.C. § 1101(a)(27)(J), SIJ status is available to “children whom a juvenile court has placed under the custody of a person or entity appointed by a state or juvenile court.” Id. (citation omitted). To seek SIJ status, “[o]nce the applicant has the necessary predicate order, he must submit his application to the [USCIS] agency, attaching the state court order.” Id. So, “a state court must make initial determinations, and the USCIS then considers if they match the requirements for SIJ status.” Id. at 509. 2 Case: 20-20274 Document: 00515698353 Page: 3 Date Filed: 01/07/2021 No. 20-20274 After receiving the state-court declaration, Ochoa-Castillo petitioned the USCIS for SIJ status. On March 19, 2018, the USCIS denied ...
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