A district court lacks jurisdiction over an indirect challenge to an order of removal, such as a mandamus action seeking a waiver of inadmissibility and adjustment of status.
An Ecuadorian citizen, previously removed and re-entering without inspection, sought a mandamus order compelling USCIS to adjudicate her Form I-212 application for permission to reapply for admission. The district court dismissed the complaint for lack of jurisdiction. The Second Circuit held that the REAL ID Act makes a petition for review in the court of appeals the sole and exclusive means for judicial review of an order of removal. The court determined that seeking a waiver of inadmissibility and adjustment of status constitutes an indirect challenge to the reinstated removal order. Because the requested relief would render the removal order invalid, the jurisdictional bar applies equally to preclude such an indirect challenge in district court.
At page 55 Applying jurisdictional bars to indirect challenges to removal orders97 citing casesholding that a “mandamus action [seeking] to compel USCIS to make a determination on the merits of [an] I–212 application [for permission to reapply for admission after deportation or removal] . . . [was] indirectly challenging [the plaintiff’s] reinstated order of removal, and accordingly . . . th…
- Hernandez-Bran, No. 1:26-cv-03388 (E.D.N.Y. June 25, 2026). ([W]hether the district court has jurisdiction will turn on the substance of the relief that a plaintiff is seeking.)
- Joyce, No. 1:25-cv-08975 (S.D.N.Y. Nov. 5, 2025).(We conclude that Delgado is indirectly challenging her reinstated order of removal, and accordingly, we hold that section 1252(a)(5)’s jurisdictional bar applies equally to preclude such an indirect challenge.)
- Ahmed v. Noem, No. 2025-1351 (D.D.C. Aug. 8, 2025).published ([W]hether the district court has jurisdiction will turn on the substance of the relief that a plaintiff is seeking.)
- Agard v. Searls, No. 1:23-cv-00091 (W.D.N.Y. Oct. 18, 2023).([S]ection 1252(a)(5) . . . clearly preclude[s] the district court’s entertaining of a direct challenge to a removal order . . . .)
- Bob v. INS, No. 1:19-cv-04637 (S.D.N.Y. May 24, 2019).(We conclude that Delgado is indirectly challenging her reinstated order of removal, and accordingly, we hold that section 1252(a)(5)’s jurisdictional bar applies equally to preclude such an indirect challenge.)
- Cancino-Castellar v. Nielsen, 338 F. Supp. 3d 1107 (S.D. Cal. 2018).published([W]hether the district court has jurisdiction will turn on the substance of the relief that a plaintiff is seeking.)
- Fuentes-Cruz, No. 1:26-cv-04257 (E.D.N.Y. Sept. 16, 2026).“preclude[s] the district court’s entertaining of a direct challenge to a removal order”
- Antigua, No. 6:24-cv-06540 (W.D.N.Y. July 24, 2026).(the jurisdictional bar of § 1252(a)(5) encompasses “indirect” challenges to removal orders)
- Badar Suri v. Donald Trump, No. 25-1560, 2026 WL 2123557 (4th Cir. July 23, 2026).publishedWe are persuaded by the Second Circuit’s conclusion in Öztürk’s that “jurisdiction will turn” not on the legal basis of the claim, but instead “on the substance of the relief that a plaintiff is seeking,” i.e., relief from detention versus…
- Mullin, No. 1:26-cv-03759 (E.D.N.Y. July 22, 2026).“clearly preclude[s] the district court’s entertaining of a direct challenge to a removal order”
Show 86 more citing cases
- Mahdawi v. Trump, No. 25-1113, 2026 WL 2090981 (2d Cir. July 21, 2026).published“seek[ing] to force an adjudication on the merits of an I-212 application”
- Blanche, No. 2:26-cv-02911 (E.D.N.Y. July 13, 2026).The Second Circuit cited case law from other courts of appeals in recognizing that the phrase “removal proceedings” is to be construed narrowly as referring to the order of removal, and does not include claims of unlawful arrest and detent…
- Challa v. United States Dep't of Homeland Sec., No. 2024-3065 (D.D.C. July 9, 2026).published(examining “the substance of the relief that a plaintiff is seeking” to determine whether the plaintiff raises a reviewable independent claim or an indirect challenge to a removal order)
- Jaara, No. 1:26-cv-00076 (W.D.N.Y. June 26, 2026).June 23, 2026) (citing Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011)).
- Mullin, No. 2:26-cv-03340 (E.D.N.Y. June 11, 2026). Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011).
- Huang, No. 1:26-cv-00406 (E.D.N.Y. Feb. 5, 2026).“section 1252(a)(5) would clearly preclude the district court’s entertaining of a direct challenge to a removal order”
- Hott, No. 1:25-cv-02137 (S.D. Ind. Dec. 30, 2025).J.E.F.M. v. Lynch, 837 F.3d 1026, 1032 (9th Cir. 2016) (explaining that § 1252(b)(9) does not apply to federal habeas corpus provisions that do not involve final orders of removal, but finding that, "[i]n light of §§ 1252(b)(9) and 1252(a)…
- Ortiz, No. 1:22-cv-10327 (S.D.N.Y. Oct. 22, 2025).(holding that a “mandamus action [seeking] to compel USCIS to make a determination on the merits of [an] I–212 application [for permission to reapply for admission after deportation or removal] . . . [was] indirectly cha…)
- Villatoro v. Noem, No. 1:25-cv-05306, 2025 WL 2880140 (E.D.N.Y. Oct. 9, 2025). Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011).
- Che, No. 1:24-cv-02793 (S.D.N.Y. Sept. 22, 2025).See, e.g., Bouarfa v. Mayorkas, 604 U.S. 6, 19 (2024) (concluding that the Secretary’s decision under § 1555 to revoke the agency’s prior approval of a visa was a discretionary decision that falls under § 1252(a)(2)(B)(ii) which is a “juri…
- Öztürk v. Hyde, 155 F.4th 187 (2d Cir. 2025).published “on the substance of the relief that a plaintiff is seeking”
- Lin v. Borgen, No. 1:25-cv-05618 (S.D.N.Y. July 30, 2025).In Delgado v. Quarantillo, the Second Circuit held that the district court did not have jurisdiction over a mandamus action to compel USCIS to make a determination on the petitioner’s Form I-212, and expressly held that § 1252(a)(5) preclu…
- Jiang v. Garland, No. 1:24-cv-03138 (E.D.N.Y. May 27, 2025). “indirect challenge[s]”
- Öztürk v. Hyde, 136 F.4th 382 (2d Cir. 2025).published(discussing 8 U.S.C. § 1252 (a)(5))
- Rodriguez v. Noem, No. 3:25-cv-00616 (D. Conn. May 1, 2025).Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011); Liu v. I.N.S., 293 F.3d 36, 41 (2d Cir. 2002) (citing Chmakov v. Blackman, 266 F.3d 210, 215 (3d Cir. 2001) (“[Section 1252(g)] limits the power of federal courts to review the discre…
- Antigua v. DHS/ICE, No. 6:24-cv-06540 (W.D.N.Y. Apr. 29, 2025).(the jurisdictional bar of § 1252(a)(5) encompasses “indirect” challenges to removal orders)
- Diakhate v. Searls, No. 6:23-cv-06736 (W.D.N.Y. Nov. 25, 2024). Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011).
- Morina v. Mayorkas, No. 1:22-cv-02994, 2023 WL 22617 (S.D.N.Y. Jan. 3, 2023).See Ying Lin v. United States Dep’t of Homeland Sec., 699 F. App’x 44, 46 (2d Cir. 2017) (“[J]udicial review of agency action is not available under the APA where such review is limited by another statute—here, the INA.”); see also 5 U.S.C…
- Vivint, Inc. v. Alejandro Mayorkas, 614 F. Supp. 3d 993 (D. Utah 2022).published“suit brought against immigration authorities is not per se a challenge to a removal order”
- Martinez v. Barr, No. 8:20-cv-00977 (D. Md. Sept. 7, 2021).Duncan, 439 F. Supp. 3d at 583. “[T]he distinction between an independent claim and indirect challenge ‘will turn on the substance of the relief that a plaintiff is seeking.’” Martinez, 704 F.3d at 622 (quoting Delgado v. Quarantillo, 643…
- Alomaisi v. Decker, No. 1:20-cv-05059 (S.D.N.Y. Aug. 25, 2021).“on the substance of the relief that [a petitioner] is seeking”
- Escobar-Hernandez v. Barr, No. 1:20-cv-09714 (S.D.N.Y. May 10, 2021). (Section 1252(a)(5) “clearly preclude[s] [a] district court’s entertaining of a direct challenge to a removal order,” and it “applies equally to preclude . . . an indirect challenge.)
- Ramos De La Rosa v. Dep't of Homeland Sec., No. 1:20-cv-10038 (S.D.N.Y. Apr. 30, 2021).“The Second Circuit has held that, in allocating challenges to removal orders uniquely to the federal courts of appeals, [Section] 1252(a)(5) ‘clearly preclude[s] [a] district court’s entertaining of a direct challenge to a removal order.’…
- Nouritajer v. Cissna, No. 1:18-cv-06512 (E.D.N.Y. Feb. 16, 2021).(APA review is not available when claim falls within the scope of 8 U.S.C. § 1252 (a)(2)(B)(i)’s jurisdictional limits)
- Hassan v. Rosen, No. 1:21-cv-00082 (W.D.N.Y. Feb. 4, 2021).“clearly preclude[s] [a] district court's entertaining of a direct challenge to a removal order”
- P.L. v. U.S. Immigr. & Customs Enf't, No. 1:19-cv-01336 (S.D.N.Y. Jan. 27, 2021).The Court also considered Delgado v. Quarantillo, which, in the context of § 1252(b)(5), held that “a district court lacks jurisdiction over an indirect challenge to an order of removal”, as well as a direct one. 643 F.3d 52, 55 (2d Cir. 2…
- Catholic Legal Immigr. Network, Inc. v. Exec. Off. for Immigr. Review, No. 2020-3812 (D.D.C. Jan. 18, 2021).publishedId. at 622 (quoting Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011)).
- Gao v. Nielsen, No. 1:19-cv-02447 (E.D.N.Y. Nov. 16, 2020). “indirect challenge[s]”
- NWDC Resistance v. Immigr. & Customs Enf't, 493 F. Supp. 3d 1003 (W.D. Wash. 2020).publishedLike the Second Circuit, the Ninth Circuit holds that distinction turns on the “substance 11 of the relief the plaintiff seeks.” Martinez, 704 F.3d at 622 (quoting Singh v. Gonzalez, 499 F.3d 12 969, 978 (9th Cir. 2007), and Delgado v. Qua…
- Ali v. Barr, 473 F. Supp. 3d 479 (S.D.N.Y. 2020).publishedDelgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011).6 5 In light of this ruling, the Court is uncertain as to whether there is any viable claim remaining in the case and would appreciate submissions by the parties on that issue.
- You v. Nielsen, No. 1:18-cv-05392 (S.D.N.Y. June 1, 2020).Ud. (citing 8 U.S.C. §§ 1252 (a)(5), (b)(9); Freire v. United States Dep’t of Homeland Sec., 711 F. App’x 58, 59 (2d Cir. 2018); Singh v. USCIS, 878 F.3d 441, 445 (2d Cir. 2018); Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011)).) Th…
- Ahmed v. Barr, No. 1:20-cv-00395 (W.D.N.Y. May 12, 2020).“clearly preclude[s] [a] district court’s entertaining of a direct challenge to a removal order”
- Islam v. Quarantillo, 803 F. App'x 543 (2d Cir. 2020).unpublished“a suit brought against immigration authorities[,] . . . whether the 6 district court has jurisdiction will turn on the substance of the relief that a 7 plaintiff is seeking”
- A.M.P v. v. Barr, No. 2020-0913 (D.D.C. Apr. 30, 2020).publishedWhether a claim falls within § 1252(a)(5)’s channeling rule thus “turn[s] on the substance of the relief that a plaintiff is seeking.” Martinez v. Napolitano, 704 F.3d 620 , 622–23 (9th Cir. 2012) (citing Delgado v. Quarantillo, 643 F.3d 5…
- Tewodros v. Garland, No. 6:20-cv-07022 (W.D.N.Y. Apr. 19, 2021).
- Jian Qiao v. Lynch, 672 F. App'x 134 (2d Cir. 2017).unpublished
- Singh v. Napolitano, 500 F. App'x 50 (2d Cir. 2012).unpublished
- Saul Martinez v. Janet Napolitano, 704 F.3d 620 (9th Cir. 2012).published
- Lakhani v. US Citizenship & Immigr. Servs., 817 F. Supp. 2d 390 (D. Vt. 2011).published
- Chen v. Rodriguez, 200 F. Supp. 3d 174 (D.D.C. 2016).published
- Giammarco v. Kerlikowske, 665 F. App'x 24 (2d Cir. 2016).unpublished
- Phillips v. Boente, 674 F. App'x 106 (2d Cir. 2017).unpublished
- Ying Lin v. United States Dep't of Homeland Sec., 699 F. App'x 44 (2d Cir. 2017).unpublished
- Freire v. United States Dep't of Homeland Sec., 711 F. App'x 58 (2d Cir. 2018).unpublished
- Gonzalez-Alarcon v. Macias, 884 F.3d 1266 (10th Cir. 2018).published
- Kolenovic v. United States Citizenship & Immigr. Serv., 9 F. Supp. 3d 322 (S.D.N.Y. 2014).published
- Santos-Torres v. Houghton, No. 22-297-cv (2d Cir. Dec. 9, 2022).unpublished
- Vera Gomez v. McAleenan, No. 3:19-cv-04199 (N.D. Cal. Nov. 5, 2019).
- Jean Jacques v. Wolf, No. 8:20-cv-01296 (M.D. Fla. Sept. 11, 2020).
- Duncan v. Kavanagh, 439 F. Supp. 3d 576 (D. Md. 2020).published
- Lopez Lopez v. Barr, No. 0:19-cv-02543 (D. Minn. Oct. 7, 2019).
- Lopez Ruiz v. Tritten, No. 0:19-cv-00958 (D. Minn. Oct. 18, 2019).
- Andoh v. Barr, No. 2:19-cv-18125 (D.N.J. Sept. 18, 2019).
- Zacarias-Calderon v. McAleenan, No. 2:19-cv-00994 (D. Nev. Aug. 9, 2019).
- Gittens v. Barr, No. 1:20-cv-00276 (E.D.N.Y. Apr. 6, 2020).
- Oriakhi v. Dep't of Homeland Sec., No. 1:20-cv-00821 (E.D.N.Y. June 23, 2020).
- Oriakhi v. Dep't of Homeland Sec., No. 1:21-cv-02373 (E.D.N.Y. May 21, 2021).
- Leybinsky v. USCIS, No. 1:19-cv-06154 (E.D.N.Y. Sept. 26, 2021).
- Taveras v. Dep't of Homeland Sec., No. 9:19-cv-00282 (N.D.N.Y. Nov. 27, 2019).
- P.L. v. U.S. Immigr. & Customs Enf't, No. 1:19-cv-01336, 2019 WL 2568648 (S.D.N.Y. June 21, 2019).
- Nikolic v. Decker, No. 1:19-cv-06047 (S.D.N.Y. Nov. 12, 2019).
- Sophia v. Decker, No. 1:19-cv-09599, 2020 WL 764279 (S.D.N.Y. Feb. 14, 2020).
- Ottey v. Dep't of Homeland Sec. (DHS), No. 1:19-cv-07503-LTS-KNF (S.D.N.Y. July 20, 2020).
- Santos-Torres v. Houghton, No. 1:21-cv-03210 (S.D.N.Y. Jan. 31, 2022).
- Ortiz v. Orange Cnty., No. 7:23-cv-02802, 2024 WL 113705 (S.D.N.Y. Jan. 10, 2024).
- Garcia v. Barr, No. 6:18-cv-06836 (W.D.N.Y. Aug. 13, 2019).
- Aparicio-Villatoro v. Barr, No. 6:19-cv-06294, 2019 WL 3859013 (W.D.N.Y. Aug. 16, 2019).
- Gomez v. Whitaker, No. 6:18-cv-06900 (W.D.N.Y. Oct. 8, 2019).
- Rajesh v. Barr, 420 F. Supp. 3d 78 (W.D.N.Y. 2019).published
- Dorval v. Barr, No. 6:19-cv-06545 (W.D.N.Y. Oct. 10, 2019).
- Evariste v. Barr, No. 6:19-cv-06441 (W.D.N.Y. Nov. 4, 2019).
- Hossain v. Barr, No. 6:19-cv-06389, 2019 WL 5964678 (W.D.N.Y. Nov. 13, 2019).
- Falodun v. Session, No. 6:18-cv-06133, 2019 WL 6522855 (W.D.N.Y. Dec. 4, 2019).
- De La Rosa v. Barr, No. 6:19-cv-06418, 2019 WL 5842906 (W.D.N.Y. Nov. 7, 2019).
- Lister v. United States Customs & Border Prot., 431 F. Supp. 3d 141 (W.D.N.Y. 2019).published
- Absolam v. Barr, No. 6:20-cv-06029 (W.D.N.Y. Jan. 17, 2020).
- Hodge v. Barr, No. 6:19-cv-06630 (W.D.N.Y. Jan. 14, 2020).
- Ramraj v. Barr, No. 6:19-cv-06723 (W.D.N.Y. Jan. 29, 2020).
- Davis v. Garland, No. 1:22-cv-00443 (W.D.N.Y. Nov. 22, 2022).
- Henries v. Searls, No. 1:23-cv-00750 (W.D.N.Y. Nov. 9, 2023).
- Oriakhi v. Dep't of Homeland Sec. (DHS), 762 F. Supp. 3d 183 (E.D.N.Y. 2025).published
- Kapoor v. DeMarco, 132 F.4th 595 (2d Cir. 2025).published
- Gumbs, No. 6:26-cv-06072 (W.D.N.Y. June 15, 2026).
- Rhoney, No. 1:26-cv-00311 (W.D.N.Y. June 23, 2026).
- Singh v. United States Citizenship & Immigr. Servs., 878 F.3d 441 (2d Cir. 2017).published
- Mamadjonova v. Barr, No. 3:19-cv-01317 (D. Conn. Nov. 20, 2019).
At page 54 Reviewing district court dismissal for lack of jurisdiction9 citing cases“a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of an order of removal entered or issued under any provision of this chapter.”
- Hernandez-Bran, No. 1:26-cv-03388 (E.D.N.Y. June 25, 2026). See Delgado, 643 F.3d at 55 (“[W]hether the district court has jurisdiction will turn on the substance of the relief that a plaintiff is seeking.”).
- Mullin, No. 2:26-cv-03340 (E.D.N.Y. June 11, 2026). Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011).
- Oriakhi v. DHS, No. 25-243-cv (2d Cir. Feb. 5, 2026).unpublished“We review de novo the district court’s dismissal for lack of subject matter jurisdiction”
- Öztürk v. Hyde, 155 F.4th 187 (2d Cir. 2025).published Instead, our analysis must turn “on the substance of the relief that a plaintiff is seeking.” Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011).
- Destyl v. Searls, No. 6:23-cv-06021 (W.D.N.Y. May 23, 2023).See 8 U.S.C. § 1252 (b)(2); Delgado v. Quarantillo, 643 F.3d 52, 54-55 (2d Cir. 2011). immigration officials the authority to arrest and detain a noncitizen pending a decision on whether he is “to be removed from the United States.” 8 U.S.…
- Todd Bank v. Hydra Grp. LLC, 433 F. App'x 50 (2d Cir. 2011).unpublished
- MLC Fishing, Inc. v. Velez, 667 F.3d 140 (2d Cir. 2011).published
- Jian Qiao v. Lynch, 672 F. App'x 134 (2d Cir. 2017).unpublished
- Cheng v. Flushing Main Street Post Off., No. 17-1894-cv (2d Cir. Apr. 18, 2018).unpublished
At page 53 Lack of jurisdiction over indirect challenges to removal order6 citing casesa district court lacks jurisdiction over an indirect challenge to an order of removal
- Quizhpi-Guaman, No. 1:26-cv-00071 (W.D.N.Y. Feb. 19, 2026).(a district court lacks jurisdiction over an indirect challenge to an order of removal)
- Candido, No. 1:25-cv-00867 (W.D.N.Y. Nov. 7, 2025). Delgado v. Quaranitillo, 643 F.3d 52, 53 (2d Cir. 2011); see also id. at 55 .
- Fulton v. Mayorkas, No. 1:25-cv-00063 (W.D.N.Y. Jan. 24, 2025). Delgado v. Quarantillo, 643 F.3d 52, 53 (2d Cir. 2011).
- Taveras-Tejada v. Mayorkas, No. 1:22-cv-00918 (W.D.N.Y. Dec. 5, 2022). Delgado v. Quarantillo, 643 F.3d 52, 53 (2d Cir. 2011); see also id. at 55 .
- Lainez v. McHenry, 809 F. App'x 40 (2d Cir. 2020).unpublished
- Tewodros v. Garland, No. 6:20-cv-07022 (W.D.N.Y. Apr. 19, 2021).
At page 56 Evading immigration restrictions and jurisdictional limitations3 citing casesholding that plaintiff cannot “evade the restrictions of [S]ection 1252(a)(5
- Melgar v. Wolf, 590 F. Supp. 3d 472 (E.D.N.Y. 2022).published
- Chirico v. Mendoza Jaddou, No. 1:21-cv-06278 (E.D.N.Y. Mar. 13, 2023).
- Ambati v. U.S. Citizenship & Immigr. Servs., No. 1:24-cv-05712 (S.D.N.Y. July 10, 2025).
v.
Andrea QUARANTILLO, New York District Director of the United States Citizenship and Immigration Services, Defendant-Appellee
Plaintiff-Appellant Monica Patricia Tenesaca Delgado appeals from a March 3, 2010 judgment of the United States District Court for the Southern District of New York (Chin, J.) dismissing her complaint for lack of jurisdiction, and in the alternative, as barred by res judicata. As a matter of first impression in this circuit, we hold today that a district court lacks jurisdiction over an indirect challenge to an order of removal.
I. Background
In May 1999, Delgado, who is a native and citizen of Ecuador, attempted to enter the United States using false identification. She was prevented from entering and was removed pursuant to an expedited order of removal. In December 2000, Delgado entered the United States without inspection by crossing the Mexican border.
In January 2006, Delgado married a United States citizen, who is her attorney in this action. On July 11, 2006, the couple filed several forms in order to seek lawful permanent resident status for Delgado, including a Form 1-212 for permission to reapply for admission after deportation or[*54] removal. [1] On October 26, 2006, the United States Citizenship and Immigration Services (“USCIS”) denied Delgado’s 1-212 request because it had been filed from within the United States, and its denial letter stated that she was ineligible to seek admission because she did not apply for permission to reenter prior to her unlawful entry in December 2000. USCIS also denied her application for adjustment of status to lawful permanent resident, concluding that her inadmissibility could not be waived. That day, Delgado was arrested by immigration authorities, who reinstated her prior expedited removal order.
Delgado timely appealed, challenging the reinstatement of her removal order. On February 7, 2008, the Second Circuit upheld the reinstated order, construing 8 U.S.C. § 1182(a)(9)(C)(i)(II) to mean that a previously removed alien who reenters is subject to a “lifetime bar on admission,” which is waivable at the Secretary of Homeland Security’s discretion if the applicant “reappl[ies] for admission from abroad after at least ten years have elapsed since [her] latest departure from the United States.” Delgado v. Mukasey, 516 F.3d 65, 69 (2d Cir.2008). Someone subject to a lifetime bar is “ineligible to apply for adjustment of status from within the United States.” Id. at 73.
Delgado subsequently brought this mandamus action to compel USCIS to make a determination on the merits of her 1-212 application, alleging that USCIS denied her application in violation of the Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et seq., the Due Process Clause, and the Equal Protection Clause. On March 2, 2010, the district court dismissed her complaint, concluding that it lacked jurisdiction pursuant to the REAL ID Act of 2005, 8 U.S.C. § 1252(a)(5), and in the alternative, that Delgado’s claims were barred by res judicata. See Delgado v. Quarantillo, No. 08 Civ. 9058, 2010 WL 726790 (S.D.N.Y. Mar. 2, 2010). Delgado was removed on May 26, 2010.
II. Discussion
We review de novo the district court’s dismissal for lack of subject matter jurisdiction. See, e.g., Sharkey v. Quarantillo, 541 F.3d 75, 82 (2d Cir.2008). The REAL ID Act of 2005 amended the immigration laws to provide that “[notwithstanding any other provision of law (statutory or nonstatutory), ... a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of an order of removal entered or issued under any provision of this chapter.” 8 U.S.C. § 1252(a)(5). “Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the United States under this subchapter shall be available only in judicial review of a final order under this section. Except as otherwise provided in this section, no court shall have jurisdiction ... by any other provision of law (statutory or nonstatuto[*55] ry), to review such an order or such questions of law or fact.” Id. § 1252(b)(9).
Although section 1252(a)(5) would clearly preclude the district court’s entertaining of a direct challenge to a removal order, this Court has not previously ruled on whether the district court has jurisdiction over an action like Delgado’s, which seeks to force an adjudication on the merits of an 1-212 application. We conclude that Delgado is indirectly challenging her reinstated order of removal, and accordingly, we hold that section 1252(a)(5)’s jurisdictional bar applies equally to preclude such an indirect challenge.
We reject Delgado’s contention that she is not challenging the order of removal against her because, even if US-CIS were to grant her an 1-212 waiver, this would not “per se prevent her removal.” Pl. Br. 22. Obtaining such a waiver is a necessary prerequisite to her ultimate goal of adjustment of status. We agree with the Ninth Circuit’s conclusion that an “adjustment-of-status challenge is inextricably linked to the reinstatement of [an alien’s] removal order,” because “a nunc pro tunc Form 1-212 waiver of inadmissibility and the adjustment of status to that of [a lawful permanent resident]” would render the reinstatement order “invalid.” Morales-Izquierdo v. Dep’t of Homeland Sec., 600 F.3d 1076, 1082-83 (9th Cir. 2010). [2] We note, however, that a suit brought against immigration authorities is not per se a challenge to a removal order; whether the district court has jurisdiction will turn on the substance of the relief that a plaintiff is seeking. [3] Cf. Kellici v. Gonzales, 472 F.3d 416, 420 (6th Cir.2006) (district court, not court of appeals, had jurisdiction where plaintiffs’ “habeas petitions challenged only the constitutionality of the arrest and detention, not the underlying administrative order of removal”).
We also find it inconsequential to our jurisdictional analysis that it was Immigration and Customs Enforcement (“ICE”), not USCIS, that reinstated Delgado’s removal order. We agree with the Morales court that the Department of Homeland Security’s “adoption of a bifurcated system to adjudicate adjustment-of-status applications and the reinstatement of prior removal orders is [not] determinative ... of what Congress meant when it enacted [section 1252(a)(5)].” 600 F.3d at 1084. This division of administrative responsibility between ICE and USCIS does not allow an alien to circumvent Congress’s clear intent to consolidate review of challenges to orders of removal in the courts of appeals.
Finally, we reject Delgado’s arguments that federal question jurisdiction exists here either because her claim arises under the APA or because she is bringing a mandamus action. The APA explicitly does not apply “to the extent that ... statutes preclude judicial review,” 5 U.S.C. § 701(a)(1), as the REAL ID Act does in this instance. E.g., Lee v. CIS, 592 F.3d 612, 620 (4th Cir.2010) (“The claim raised in [the alien’s] APA action falls squarely within the scope of § 1252(a)(2)(B)(i). Although Lee’s claim in his amended com[*56] plaint is carefully worded to avoid expressly challenging the denial of his application for adjustment of status, that is clearly what Lee seeks to do.”). Nor may we allow Delgado to evade the restrictions of section 1252(a)(5) by styling her challenge as a mandamus action in order to claim jurisdiction under 28 U.S.C. § 1361. E.g., Lang v. Napolitano, 596 F.3d 426, 429 (8th Cir.2010) (holding that there was an “obvious lack of district court jurisdiction” over claim for “injunctive and mandamus relief that would prohibit the agency from ‘executing’ [ ] removal order”).
III. Conclusion
Because we conclude that the district court lacked jurisdiction over Delgado’s complaint, we do not reach her remaining arguments. [4] Accordingly, for the foregoing reasons, the judgment of the district court is hereby AFFIRMED.
. Section 212 of the Immigration and Naturalization Act provides that an alien, like Delgado, who has previously been ordered removed and subsequently enters the United States without being admitted is “inadmissible.” 8 U.S.C. § 1182(a)(9)(C)(i)(II). However, such an alien may be admissible if "more than 10 years after the date of the alien's last departure from the United States” and "prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission.” Id. § 1182(a)(9)(C)(ii). In order to apply for adjustment of status, a previously removed alien "must request permission to reapply for entry” by filing Form 1-212. 8 C.F.R. § 212.2(e).
. We note that the Ninth Circuit's decision in Morales-Izquierdo is both more recently decided and more analogous to the instant case than that court's decision in Gonzales v. Department of Homeland Security, 508 F.3d 1227 (9th Cir.2007), on which Delgado extensively relies.
. For example, we have previously noted in Ruiz v. Mukasey, 552 F.3d 269 (2d Cir.2009), that § 1252(a)(5) ”do[es] not preclude a district court from exercising jurisdiction over an action seeking review of the denial of an I-130 petition [for classification of an alien as an immediate relative of a U.S. citizen] because such a denial is unrelated to any removal action or proceeding.” Id. at 274 n. 3.
. Although the district court lacked jurisdiction to reach the merits of Delgado’s claims, our holding does not preclude Delgado from seeking to have USCIS address her merits arguments in a motion to reopen. See 8 C.F.R. § 103.5. Delgado may also be a candidate for a private bill. See Margaret Mikyung Lee, Cong. Research Serv., RL33024, Private Immigration Legislation (2005), available at http://www.ilw.com/immigrationdaily/news/ 2005,0819-crs.pdf.