151163P.pdf   08/25/2016  Joel Bremer  v.  Jeh Johnson
   U.S. Court of Appeals Case No:  15-1163
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] {Colloton, Author, with Gruender and Shepherd, Circuit Judges] 
   Civil case. Bremer, a convicted sex offender, filed a I-130 on behalf of 
   his wife, a native and citizen of the Philippines, and the USCIS denied 
   the petition because the evidence Bremer submitted did not establish that 
   he posed no risk to the woman and because the authors of the letters did 
   not, in the agency's words, "appear to be aware of the full nature of 
   [his]crime; in this class action, Bremer alleged the manner in which USCIS 
   made "no-risk" determinations violates the APA and the Constitution, and 
   the district court granted class certification and then dismissed the 
   case, concluding Bremer sought judicial review of determinations that were 
   committed to the "sole and unreviewable discretion" of the Secretary of 
   Homeland Security; the district court erred in dismissing Count II of the 
   complaint in which Bremer alleged that the Adam Walsh Act no longer 
   applies to his petition since it had already been filed; the issue of 
   whether the petition had been filed and if so, whether Clause viii of the 
   Act is inapplicable, are predicate legal questions over which the district 
   court had jurisdiction; the remaining claims challenge how the Secretary, 
   acting through USCIS, has exercised his jurisdiction to make a no-risk 
   determination under the Adam Walsh Act and judicial review of these claims 
   is barred under the Immigration and Naturalization Act; claims that the 
   USCIS's application of the Act violates the Ex Post Facto Clause rejected, 
   as are Bremer's Fifth Amendment, Eighth Amendment and due process claims. 
   Remanded for further proceedings on Count II.