Is a claim brought by a child seeking to overturn an order to remove from the custody of the children barred under section 1252(b)(9) of the Administrative Procedure Act?
MultiRegion, United States of America
The following excerpt is from J.E.F.M. v. Lynch, 837 F.3d 1026 (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).
In light of 1252(b)(9) and 1252(a)(5) and our precedent, the children's
[837 F.3d 1033]
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