Manguriu v. Holder, Jr.

794 F.3d 119, 2015 WL 4237699
CourtCourt of Appeals for the First Circuit
DecidedJuly 14, 2015
Docket14-1279
StatusPublished
Cited by17 cases

This text of 794 F.3d 119 (Manguriu v. Holder, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manguriu v. Holder, Jr., 794 F.3d 119, 2015 WL 4237699 (1st Cir. 2015).

Opinion

SELYA, Circuit Judge.

As a general matter, judicial review of a final order of an administrative agency is confined to the four corners of the administrative record. See, e.g., Fla. Power & Light Co. v. Lorion, 470 U.S. 729, 743-44, 105 S.Ct. 1598, 84 L.Ed.2d 643 (1985); Camp v. Pitts, 411 U.S. 138, 142, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973) (per curiam). That rule applies with full force to judicial review of removal orders in the immigration context. See 8 U.S.C. § 1252(b)(4)(A). But this general rule admits of an exception when the reviewing court’s jurisdiction is called into question. As we explain below, this is such a case.

The relevant facts are easily assembled. The petitioner, Joel Njoroge Manguriu, a Kenyan national, entered the United States on a student visa in 1999 and overstayed. He married a U.S. citizen while here and his wife, Manuelita Lopez, filed an 1-130 visa petition in July of 2006, seeking to classify the petitioner as an immediate relative (spouse) of a U.S. citizen. Shortly thereafter, the petitioner applied for adjustment of his immigration status based on Lopez’s petition.

After due inquiry, the U.S. Citizenship and Immigration Services (USCIS) denied Lopez’s 1-130 petition on the ground of marriage fraud. That denial temporarily-stymied the petitioner’s quest for adjustment of status.

On August 19, 2009, the Department of Homeland Security (DHS) initiated removal proceedings. The petitioner conceded removability, but sought relief from removal under the Violence Against Women Act (VAWA). See 8 U.S.C. § 1154(a)(l)(A)(iii). He predicated his VAWA petition on a claim that he was the spouse of an abusive U.S. citizen. At his request, the immigration judge (IJ) held the removal proceeding in abeyance and, in December of 2010, the USCIS approved his VAWA petition. Based on this approval, the petitioner asked the IJ to adjust his immigration status to that of a lawful permanent resident.

After a hearing, the IJ denied the petitioner’s application for adjustment of status and, in March of 2012, ordered him removed. Although the IJ found that the petitioner was statutorily eligible for adjustment of status based on his approved VAWA petition, she denied the requested relief as a matter of discretion, finding that the petitioner had engaged in marriage fraud, had misrepresented material facts to the USCIS, had given false testimony in the removal proceeding, and had not consistently paid income taxes owed.

On February 26, 2014, the Board of Immigration Appeals (BIA) affirmed the IJ’s decision. This timely petition for judicial review followed.

While the petition for judicial review was pending, a parallel proceeding devel *121 oped: the USCIS sent notice that it intended to revoke its approval of the petitioner’s VAWA petition. The petitioner did not respond and, on June 20, 2014, the USCIS revoked the petition.

Before us, the petitioner argues that the IJ committed legal error by inquiring into the legitimacy of his marriage. In mounting this argument, however, his brief, filed on June 2, 2014, does not mention the revocation of his VAWA petition. The government does not accept this narrow view of the case: its brief asserts in part that the revocation renders the petition for judicial review moot. Its thesis is that even if the IJ erred, the petitioner can no longer obtain meaningful relief because his lack of an approved visa petition precludes adjustment of status. The petitioner’s reply brief takes issue with this assertion, questioning the effectiveness of the purported revocation. In this regard, the petitioner claims that the USCIS sent the notice of intent to revoke only to the address of his previous attorney even though it had on file both his home address and the address of his current attorney.

The threshold question in this case is whether we can consider the USCIS’s revocation of the VAWA petition-an action that took place outside the confines of the administrative record. We conclude that we can.

The Supreme Court has held that federal courts ordinarily must answer jurisdictional questions before tackling the merits of a case. See Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 93-95, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). Events that occur while an appeal is pending can disable a federal court from granting effective relief and, thus, render a case moot. See Church of Scientology v. United States, 506 U.S. 9, 12, 113 S.Ct. 447, 121 L.Ed.2d 313 (1992). Because mootness implicates a court’s jurisdiction, the court can properly look to facts outside the record so long as those facts are relevant to a colorable claim of mootness. See, e.g., Haley v. Pataki, 60 F.3d 137, 140 n. 1 (2d Cir.1995); Clark v. K-Mart Corp., 979 F.2d 965, 967 (3d Cir.1992); Cedar Coal Co. v. United Mine Workers of Am., 560 F.2d 1153, 1166 (4th Cir.1977). This principle holds true where, as here, a court is tasked with conducting judicial review of agency action. See, e.g., Maldonado v. Lynch, 786 F.3d 1155, 1160-61 (9th Cir.2015) (considering events postdating BIA decision in evaluating claim of mootness); Qureshi v. Gonzales, 442 F.3d 985, 988-90 (7th Cir.2006)(similar).

We note, moreover, that courts normally can take judicial notice of agency determinations. See, e.g., Aguilar v. U.S. ICE, 510 F.3d 1, 8 n. 1 (1st Cir.2007); Fornalik v. Perryman, 223 F.3d 523, 529 (7th Cir.2000); Furnari v. Warden, 218 F.3d 250, 255-56 (3d Cir.2000). Along this line, courts of appeals have routinely taken judicial notice of agency actions in immigration proceedings even though those actions are outside the boundaries of the administrative record. See, e.g., Dent v. Holder, 627 F.3d 365, 371-72 (9th Cir.2010); Opoka v. INS,

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Bluebook (online)
794 F.3d 119, 2015 WL 4237699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manguriu-v-holder-jr-ca1-2015.