Armenian woman obtains favorable Ninth Circuit ruling following adverse immigration decision
Clients Amicus Curiae Appointment in re Silva Mamigonian
Jones Day attorneys were appointed as amicus counsel to brief and argue on behalf of an Armenian woman challenging the U.S. Citizenship & Immigration Service's ("USCIS") denial of adjustment of status to lawful permanent resident, based on her marriage to an American citizen. The woman filed a petition in district court challenging, among other things, the USCIS's failure to grant adjustment of status. The district court dismissed her claim two days later for lack of jurisdiction.
On appeal to the Ninth Circuit, Jones Day successfully argued that the district court retained jurisdiction to hear challenges to adjustment-of-status denials when, as was the case here, the alien in question could not appeal the denial of relief through the immigration courts. The Ninth Circuit held that the alien could refile her challenge in district court, and suggested that the Government should not attempt to deport her while her district-court challenge was pending.
Thomas J. Davis (Washington Office), an associate in the Issues & Appeals Practice, briefed the case and presented oral argument to the Ninth Circuit. Shay Dvoretzky (Washington Office) was the supervising partner.
Mamigonian v. Biggs, No. 11-15398 (9th Cir., Mar. 14, 2013)