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MELENDEZ v. McALEENAN

No. 18-20341.

928 F.3d 425 (2019)

Oscar Ernesto MELENDEZ, Plaintiff-Appellant, v. Kevin K. MCALEENAN, Acting Secretary, U.S. Department of Homeland Security; Lee Cissna, United States Citizenship and Immigration Services Director; Mark Siegl, Field Office Director, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED June 27, 2019.

Attorney(s) appearing for the Case

Raed Gonzalez, Esq. , Senior Attorney, Gonzalez Olivieri, L.L.C., Houston, TX, for Plaintiff-Appellant.

Carlton Frederick Sheffield , U.S. Department of Justice, Office of Immigration Litigation — DCS, Washington, DC, Eleanor Ann Robinson-Gaither, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Defendants-Appellees.

Before BARKSDALE, SOUTHWICK, and HAYNES, Circuit Judges.

Oscar Ernesto Melendez filed suit seeking a declaratory judgment that the Department of Homeland Security had improperly denied his application to adjust his status to that of a legal permanent resident. The district court dismissed his complaint for lack of jurisdiction. The government now concedes there was...

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