Aaron Camacho Perez, a Cuban citizen born in Venezuela, challenged USCIS’s conclusion that he did not satisfy the Cuban Adjustment Act’s eligibility requirement because the agency found his Cuban birth certificate fraudulent. The district court dismissed his Administrative Procedure Act claim for lack of subject-matter jurisdiction, concluding that he had not exhausted administrative remedies after waiving appeal of his removal order and not seeking to reopen it. The Eleventh Circuit held that USCIS’s threshold eligibility determination was final agency action reviewable under the APA, while the ultimate discretionary decision whether to grant adjustment remained outside judicial review. Because Perez was an arriving alien, the immigration judge lacked authority to review USCIS’s initial eligibility decision, and the Board of Immigration Appeals likewise could not review it; the removal proceeding therefore offered no administrative review of that issue. The Immigration and Nationality Act and its regulations did not bar district-court review of the legal eligibility question. Perez abandoned his mandamus and declaratory-judgment claims on appeal, and the court declined to decide the government’s alternative failure-to-state-a-claim argument because the district court had considered that argument only as to mandamus relief. The court reversed the jurisdictional dismissal and remanded for the district court to consider that argument against the APA claim after briefing by both parties.