Jacobo Jajati v. United States Customs and Border Protection

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JACOBO JAJATI, No. 22-56015

Plaintiff-Appellant, D.C. No. 3:22-cv-00175- v. RBM-AGS

UNITED STATES CUSTOMS AND

BORDER PROTECTION; TROY A. OPINION

MILLER, in his official capacity as the Acting Commissioner of the United States Customs and Border Protection; DOES, 1 through 10, inclusive,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Ruth Bermudez Montenegro, District Judge, Presiding

Argued and Submitted December 4, 2023 Pasadena, California

Filed May 22, 2024

Before: Carlos T. Bea, Milan D. Smith, Jr., and Lawrence VanDyke, Circuit Judges. JAJATI V. U.S. CUSTOMS & BORDER PROT.

Opinion by Judge Bea; Dissent by Judge VanDyke

SUMMARY *

Administrative Procedure Act

The panel reversed the district court’s order granting the motion of the U.S. Customs and Border Protection (“CBP”) to dismiss for lack of subject matter jurisdiction, and remanded with instructions that the district court consider Jacobo Jajati’s Administrative Procedure Act…