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BIAN v. CLINTON

Nos. 09-10568, 09-10742.

605 F.3d 249 (2010)

Fei BIAN, Plaintiff-Appellant, v. Hillary CLINTON, Secretary of the United States Department of State; Janet A. Napolitano, Secretary, Department of Homeland Security; Jonathan Scharfen, Acting Director of the United States Citizenship and Immigration Services; David Roark, Director of the USCIS Texas Service Center; Eric H. Holder, Jr., U.S. Attorney General, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 27, 2010.

Attorney(s) appearing for the Case

Fei Bian, Dallas, TX, pro se.

Aaron Steven Goldsmith, U.S. Dept. of Justice, OIL, Washington, DC, for Defendants-Appellees.

Before KING, WIENER, and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

Appellant Fei Bian ("Bian"), a Chinese national residing lawfully in the United States since 1999, appeals the district court's dismissal of her complaint seeking to compel the United States Department of Homeland Security, Citizenship and Immigration Services ("USCIS") to adjudicate her I-485 application for adjustment of immigration status. Agreeing with the appellees that, under these facts, we lack jurisdiction to review the pace of the...

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