Silva Mamigonian v. Michael Biggs

Silva Mamigonian, an Armenian native, filed a Petition for Writ of Habeas Corpus, Injunctive and Declaratory Relief, and Mandamus (“District Court Petition”) against the U.S. Attorney General and officials of the Department of Homeland Security (“DHS”), U.S. Citizenship and Immigration- Services (“USCIS”), and U.S. Immigration and Customs Enforcement (“ICE”) in the Eastern District of California (“District Court”) seeking to enjoin her imminent removal, reverse USCIS’s denial of her first adjustment-of-status application, and order USCIS to approve her then-pending second and third adjustment-of-status applications. After the District Court Petition was filed but before it was dismissed, USCIS denied Ms. Mamigoni-an’s second and third adjustment-of-status applications. The following day, the District Court dismissed the case for lack of jurisdiction. Ms. Mamigonian now appeals the dismissal, and, in the alternative, seeks to convert her appeal into a petition challenging in this court USCIS’s denial of her adjustment-of-status applications pursuant to 8 U.S.C. § 1252 (a)(2)(D).

For the reasons discussed below, we affirm the District Court, and decline to convert Ms.…