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IBARRA v. SWACINA

No. 09-16393.

628 F.3d 1269 (2010)

Laudy R. IBARRA, Plaintiff-Appellant, v. Linda SWACINA, Director, United States Citizenship & Immigration Services, Miami and Caribbean District, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 28, 2010.

Attorney(s) appearing for the Case

Stephen Matthew Bander , Paul Kunz , Bander & Associates, P.A., Miami, FL, for Ibarra.

Kathleen M. Salyer , Carlos Javier Raurell , Anne R. Schultz , Asst. U.S. Atty., Sally M. Richardson , Miami, FL, for Swacina.

Before DUBINA, Chief Judge, BLACK, Circuit Judge, and GOLDBERG, Judge.

PER CURIAM:

Laudy R. Ibarra appeals the district court's dismissal of her complaint under the Administrative Procedure Act (APA), 5 U.S.C. § 701 et. seq. for lack of subject matter jurisdiction. Ibarra seeks review of the United States Citizenship and Immigration Services' (USCIS) denial of her I-485 application for adjustment to legal permanent resident status. Ibarra asserts the district court erred in concluding she has not exhausted her administrative...

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