## Facts

- Ederlina and Henry Rogan, U.S. residents, sought to classify their adopted child, Sarah Elizabeth Ragob, as an immediate relative for immigration purposes.
- Sarah was born in the Philippines in October 1997 to Zanaida Creado Rogob; her birth records listed the father as unknown.
- A Philippine court granted the Rogans’ adoption in February 1998 with the mother’s consent and no objection from the biological father.
- In February 1998, the Rogans filed an INS petition to classify Sarah as an immediate relative based on foreign adoption, which required that she qualify as an “orphan” under 8 U.S.C. § 1101(b)(1)(F) and related regulations.
- The INS denied the petition in May 1998, concluding Sarah did not meet the statutory definition of “orphan.”
- The Board of Immigration Appeals dismissed the administrative appeal in November 1998.
- In federal district court, the Rogans sought a declaration that Sarah qualified as an “orphan,” contending the biological parents had abandoned Sarah or that the mother was a “sole parent” unable to provide proper care and who irrevocably released Sarah for adoption.
- The INS record included investigative information indicating the biological father, Arnel Sorilla, was identified, lived with the mother, and supported the household.

## Issues

1. Whether 8 U.S.C. § 1252(g) deprived the district court of subject-matter jurisdiction to review the INS denial of an orphan-based visa petition.
2. Whether, if jurisdiction existed, the INS determination that Sarah was not an “orphan” under 8 U.S.C. § 1101(b)(1)(F) was arbitrary, capricious, or an abuse of discretion.

## Decision

- The court held it had subject-matter jurisdiction because § 1252(g) is limited to certain discrete actions connected to removal proceedings and did not cover denial of a visa classification petition.
- Applying deferential administrative review, the court held the INS decision was rational and supported by the record.
- The court granted the government’s motion to dismiss and dismissed the complaint.

## Legal Principles

- 8 U.S.C. § 1252(g) bars judicial review only of specified actions tied to removal—decisions to commence proceedings, adjudicate cases, or execute removal orders—and does not broadly preclude review of visa-petition classification denials.
- A child qualifies as an “orphan” for immediate-relative classification under 8 U.S.C. § 1101(b)(1)(F) only if statutory and regulatory conditions are met, including abandonment or the existence of a “sole parent” who is unable to provide proper care and who irrevocably releases the child for emigration and adoption.
- Agency determinations on orphan status are reviewed under an arbitrary-and-capricious/abuse-of-discretion standard; a court asks whether the agency’s conclusion was rational and supported by the administrative record.
- Evidence that both biological parents remained involved (including a non-disappeared, supporting father) supports denial of “abandonment” and “sole parent” theories.

## Conclusion

The court retained jurisdiction to review the INS denial of an orphan-based visa petition but dismissed the challenge because the agency reasonably concluded, based on record evidence of an involved and supporting biological father and the absence of qualifying abandonment or sole-parent incapacity, that the child did not meet the statutory “orphan” definition.


Rogan v. Reno, 75 F. Supp. 2d 63 (E.D.N.Y. 1999)