Sabina Francois v. Jeh Johnson

MEMORANDUM

Sabina Francois appeals the district court’s order dismissing her case for lack of subject matter jurisdiction, Fed. R. Civ. P. 12(b)(1), and in the alternative, for failure to state a claim, Fed. R. Civ. P. 12(b)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s dismissal of Francois’ complaint for lack of subject matter jurisdiction.

We review de novo the denial of mandamus relief, dismissal for failure to exhaust administrative remedies, dismissal for lack of subject matter jurisdiction, and dismissal for failure to state a claim. Kahle v. Gonzales, 487 F.3d 697, 699 (9th Cir. 2007); Kildare v. Saenz, 326 F.3d 1078, 1082 (9th Cir. 2003).

1. The district court did not err in concluding that the REAL ID Act operated retroactively to strip the district court of jurisdiction to consider Francois’ claims. Although Francois has attempted to frame her claims as an affirmative request for mandamus and declaratory relief, at bottom, she challenges the government’s denial of discretionary relief within the meaning of 8 U.S.C. § 1252 (a)(2)(B)(i). Consequently, Section 1252’s jurisdictional provisions bar the district court from…