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TORO v. SECRETARY, U.S. DEPT. OF HOMELAND SEC.

No. 12-10311.

707 F.3d 1224 (2013)

Aracelys C. TORO, Plaintiff-Appellant, v. SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, Director, U.S. Citizenship and Immigration Services, Chief, Administrative Appeals Office, Director, Vermont Service Center, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 4, 2013.

Attorney(s) appearing for the Case

Charles Richard Conroy , Law Office of Charles R. Conroy, New York City, for Plaintiff-Appellant.

Geoffrey Forney , Dist. Court Sec, William Charles Silvis , Civ. Div., OIL, U.S. Dept. of Justice, Washington, DC, Robert E. O'Neill , U.S. Atty., Tampa, FL, for Defendants-Appellees.

Before WILSON and COX, Circuit Judges, and VINSON, District Judge.

WILSON, Circuit Judge:

Petitioner Aracelys Toro appeals the district court's dismissal of her complaint for failure to state a claim upon which relief can be granted. Toro sought review of the United States Citizenship and Immigration Service's (USCIS) denial of her Form I-360 self-petition for adjustment to permanent resident status. USCIS denied Toro's petition on the grounds that it was contrary to the Cuban Refugee Adjustment

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