Jeremy Ahlijah v. Kirstjen Nielsen
Jeremy Ahlijah v. Kirstjen Nielsen
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 18-1861
JEREMY F. AHLIJAH,
Plaintiff - Appellant,
v.
KIRSTJEN M. NIELSEN, Secretary, Department of Homeland Security; L. FRANCIS CISSNA, Director, US Citizen and Immigration Services; WILLIAM P. BARR, United States Attorney General; ROBERT K. HUR, United States Attorney for the District of Maryland; BARBARA Q. VELARDE, Chief of Administrative Appeals Office; MICHAEL PAUL, Director, Vermont Service Center; RONALD D. VITIELLO, Acting Director, Immigration and Customs Enforcement,
Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Greenbelt. Paula Xinis, District Judge. (8:17-cv-01720-PX)
Submitted: February 15, 2019 Decided: March 1, 2019
Before KING, DUNCAN, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jeremy F. Ahlijah, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Jeremy F. Ahlijah appeals the district court’s order dismissing his action seeking
judicial review pursuant to the Administrative Procedure Act,
5 U.S.C. §§ 701-06(2012),
for lack of subject-matter jurisdiction. For reasons sufficiently stated by the district
court, because Counts I, II, and IV challenged non-final agency actions, the district court
properly dismissed those counts for lack of subject-matter jurisdiction. See Invention
Submission Corp. v. Rogan,
357 F.3d 452, 460(4th Cir. 2004); see also
5 U.S.C. § 704(2012). Furthermore, because the “INA specifically closes the door to judicial review of
certain discretionary agency decisions, including the denial of an application for
adjustment of status,” Lee v. U.S. Citizenship & Immigration Servs.,
592 F.3d 612, 619(4th Cir. 2010), the district court properly dismissed Count III for lack of subject-matter
jurisdiction. Accordingly, we affirm the order of the district court. We also deny
Ahlijah’s motion for appointment of counsel. We dispense with oral argument because
the facts and legal contentions are adequately presented in the materials before this court
and argument would not aid the decisional process.
AFFIRMED
2
Reference
- Status
- Unpublished