PEREZ PEREZ v. WOLF

No. 18-35123.

943 F.3d 853 (2019)

Pedro Tomas PEREZ PEREZ, Plaintiff-Appellant, v. Chad F. WOLF, Acting Secretary of Homeland Security; Barbara Q. Velarde, Chief of the Administrative Appeals Office for USCIS; Mark Koumans, Acting Director of USCIS; Laura B. Zuchowski, Director of the USCIS Vermont Service Center, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 22, 2019.


Attorney(s) appearing for the Case

Henry Cruz (argued), Rios & Cruz P.S., Seattle, Washington, for Plaintiff-Appellant.

Francesa M. Genova (argued), Trial Attorney; William C. Peachey , Director, District Court Section; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Dissent by Judge Callahan.


OPINION

Pedro Tomas Perez Perez brought suit in the district court under the Administrative Procedure Act ("APA"), challenging the denial of his U visa petition by the United States Citizenship and Immigration Service ("USCIS"). The district court dismissed Perez's action for lack of subject matter jurisdiction...

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