BUDHATHOKI v. NIELSEN

No. 16-51449.

898 F.3d 504 (2018)

Deepak BUDHATHOKI, Clesmy E. Canales Gonzales, Katherine Yurlieth Turcios-Perez, on behalf of themselves and all other similarly situated persons. Plaintiffs-Appellants v. Kirstjen M. NIELSEN, Secretary, U.S. Department of Homeland Security, Director of Department of Homeland Security, in his official capacity; Leon Rodriguez, Director of United States Citizenship and Immigration Services, in his official capacity; Mario R. Ortiz, United States Citizenship and Immigration Services District Director for San Antonio, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 1, 2018.


Attorney(s) appearing for the Case

Javier N. Maldonado , Law Office of Javier N. Maldonado, P.C., San Antonio, TX, Susan Leigh Watson , Attorney, Texas RioGrande Legal Aid, Incorporated, Nashville, TN, for Plaintiffs-Appellants.

Ari Nazarov , Civil Division, Office of Immigration Litigation-DCS, Washington, DC, Gary Layton Anderson , Assistant U.S. Attorney, U.S. Attorney's Office Western District of Texas, San Antonio, TX, for Defendant-Appellee KIRSTJEN M. NIELSEN.

Ari Nazarov , Civil Division, Office of Immigration Litigation-DCS, Washington, DC, for Defendant-Appellee LEON RODRIGUEZ, MARIO R. ORTIZ.

Before STEWART, Chief Judge, CLEMENT and SOUTHWICK, Circuit Judges.


The plaintiffs appeal the dismissal of their suit challenging a federal agency's denial of their applications for a specific immigrant status. They argue the agency erred when it determined that orders each applicant received from a Texas state court did not qualify them for the status. We AFFIRM.

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