Maurizio Crippa v. United States

MEMORANDUM

In this appeal Maurizio Crippa and his spouse Rosalba Crippa ask us to reverse the district court’s decision granting the United States’ motion to dismiss their complaint for lack of subject matter jurisdiction. The district court’s decision is correct, and we affirm.

Mr. Crippa applied for adjustment of status pursuant to 8 U.S.C. § 1255 . United States Citizenship and Immigration Services denied his application. Denials of discretionary relief under § 1255 are not subject to judicial review. 8 U.S.C. § 1252 (a)(2)(B)(i). Plaintiffs’ main legal argument against application of § 1252(a)(2)(B)(i) is that, even if the denial was discretionary, it is subject to Ostatuto-ry standards and must comply with the Constitution; and the denial here was contrary to those statutory standards and in violation of Mr. Crippa’s right to due process and the equal protection of the law.

Respecting the Crippas’ statutory standards argument, we agree with the district court’s conclusion that the Crippas “confuse the legal issue of whether Mr. Crippa is eligible for adjustment of status with the issue of whether discretion should have been exercised in his favor.” The agency’s decision is…