Matias Rauda v. Jennings

Under 8 U.S.C. §1252(g), “no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from decision or action by the Attorney General to commence proceedings, adjudicate cases or execute removal order against any alien.”

Matias Rauda appealed an order that rejected his request for a temporary restraining order against the government, seeking to prevent his removal from the United States until a decision was made on his motion to reopen the Board of Immigration Appeals (BIA) decision regarding his Convention Against Torture (CAT) claim.  The district court dismissed Matias Rauda’s claim, citing that his claims were barred by the jurisdictional limits of 8 U.S.C. 1252(g).  Matias Rauda assigned error to denial of his request for a temporary restraining order, arguing that his due process rights, as well as the CAT, and the Immigration & Nationality Act would be violated if he was deported before a decision was made on his motion to reopen.  Under 8 U.S.C. §1252(g), “no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from decision or action by the Attorney General to commence proceedings, adjudicate cases or execute removal order against any alien.”   The Court reaffirmed as per the court's ruling in the case, it can only review final orders, and the BIA's temporary order denying a stay of removal while awaiting resolution of a motion to reopen does not qualify as one.  Affirmed.