In what circumstances will a claim be barred under section 1252(a)(5) of the Administrative Procedure Act?
MultiRegion, United States of America
The following excerpt is from J. E. F.M. v. Lynch, No. 15-35738, No. 15-35739 (9th Cir. 2016):
In contrast, in Martinez v. Napolitano, we held in the context of a district court challenge under the Administrative Procedure Act that "[w]hen a claim by an alien, however it is framed, challenges the procedure and substance of an agency determination that is 'inextricably linked' to the order of removal, it is prohibited by section 1252(a)(5)." 704 F.3d 620, 623 (9th Cir. 2012).
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