U.S. Court of Appeals for the Ninth Circuit, 2010

Mohammed Hossain v. Commonwealth of the Northern Mariana Islands

Mohammed Hossain v. Commonwealth of the Northern Mariana Islands
U.S. Court of Appeals for the Ninth Circuit · Decided June 3, 2010 · Canby, Thomas, Fletcher
382 F. App'x 557

Mohammed Hossain v. Commonwealth of the Northern Mariana Islands

Opinion

MEMORANDUM **

Mohammed Kamal Hossain appeals pro se from the district court’s order dismissing his action alleging violations of federal and international law resulting from the unavailability of derivative non-refoulement status for his family. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Paulsen v. CNF Inc., 559 F.3d 1061, 1071 (9th Cir. 2009), cert. denied, — U.S. -, 130 S.Ct. 1053, — L.Ed.2d - (2010). We may affirm on any ground supported by the record. Downs v. Hoyt, 232 F.3d 1031, 1036 (9th Cir. 2000). We affirm.

Hossain’s action is precluded by both the doctrine of res judicata and the contractual obligations imposed by the settlement of his first action, as this action involves the same claims that Hossain raised or could have raised in his prior action. See Intl. Union of Operating Engrs. v. Karr, 994 F.2d 1426, 1429 (9th Cir. 1993) (applying res judicata to bar action raising claims that were dismissed pursuant to a settlement agreement).

We do not consider Hossain’s arguments that are raised for the first time on appeal. See United States v. Cade, 236 F.3d 463, 467 (9th Cir. 2000).

All pending motions are denied.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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