PER CURIAM:
At issue is whether, under 49 U.S.C. § 46110(a), the district court had subject-matter jurisdiction over Jones's retaliation
Jones, a former employee of the FAA, applied to the FAA to be a Designated Engineering Representative (DER)—a "qualified private person" who inspects and certifies aircraft for compliance with FAA regulations. 49 U.S.C. §§ 44702(d)(1), 44704; 14 C.F.R. §§ 183.11(c)(1), 183.15(b). The FAA denied the application, finding that Jones lacked the required integrity and sound judgment. Under § 46110(a), Jones could have appealed this decision, but only to the United States Court of Appeals for the District of Columbia Circuit or the Fifth Circuit. See 49 U.S.C. § 46110(a). He did not. Instead, he sued Defendants in the district court, alleging that the denial was retaliation for his Equal Employment Opportunity activity while employed at the FAA. At Defendants' request, the district court dismissed all claims with prejudice for lack of subject-matter jurisdiction. Specifically, the court concluded that "plaintiff's claims are inescapably intertwined with a review of the procedures and merits of the FAA's order denying his DER application, and the complaint thus constitutes an impermissible collateral attack on the FAA order." Jones v. LaHood, 667 F.Supp.2d 714, 717 (N.D.Tex. 2009) (citation and internal quotation marks omitted). Jones timely appealed. On appeal, Defendants have changed their position on jurisdiction, but ask us to affirm on alternative grounds.
This court reviews questions of subject-matter jurisdiction de novo. Ligon v. LaHood, 614 F.3d 150, 154 (5th Cir.2010). Although the parties now agree that the district court had jurisdiction over Jones's claims, this court must determine subject-matter jurisdiction for itself. Id. at 153. The Supreme Court recently reemphasized that, "[w]ithout jurisdiction the court cannot proceed at all in any cause. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause." Haywood v. Drown, ___ U.S. ___, 129 S.Ct. 2108, 2126, 173 L.Ed.2d 920 (2009) (citation omitted).
Section 46110(a) of the Federal Aviation Act vests the exclusive jurisdiction over challenges to FAA orders in certain United States Courts of Appeals:
49 U.S.C. § 46110(a). In Ligon, we addressed an indistinguishable situation and found that there was no subject-matter jurisdiction under § 46110(a). 614 F.3d at 152. There, the FAA had denied the plaintiff's request to renew his appointment as a DER in certain areas. See id. at 153. The plaintiff sued in district court, alleging that the denial was a result of age discrimination in violation of the Age Discrimination in Employment Act. See id. This court held that the district court lacked jurisdiction because resolving Ligon's discrimination claim would require a "review and balancing of the same evidence
Ligon forecloses the parties' contention that the district court had jurisdiction.
Finally, the complaint seeks to set aside the FAA's denial of Jones's DER application by requesting the court to "[d]irect[ ] Defendant to place Plaintiff in the position he would have occupied but for Defendant's discriminatory treatment of him...." As the complaint and briefs make clear, Jones alleges that the position that "he would have occupied but for" the discriminatory treatment and retaliation is that of a DER. In sum, under Ligon, Jones's Title VII and § 1981 claims are collateral attacks on a FAA order. This panel is bound by our previous decision in Ligon. Hence, the district court correctly determined that § 46110(a) precludes subject-matter jurisdiction over those claims.
AFFIRMED.