BRASIL v. SECRETARY, DEPT. OF HOMELAND SECURITY

No. 21-11984 Non-Argument Calendar.

28 F.4th 1189 (2022)

Karl Justa BRASIL, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HOMELAND SECURITY, Attorney General of the U.S., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: March 18, 2022.


Attorney(s) appearing for the Case

Felipe Alexandre , Attorney, Alexandre Law Firm, PC, Rowland Heights, CA, Alice Carmen Burgos , Alice Burgos, LLC, Winter Garden, FL, Brian S. Green , Law Office of Brian Green, Littleton, CO, Francisco Symphorien-Saavedra , Symphorien-Saavedra Law, PA, Orlando, FL, for Plaintiff-Appellant.

Aaron S. Goldsmith , U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Mary Elizabeth Rieke , U.S. Attorney's Office, Fort Lauderdale, FL, Emily M. Smachetti , U.S. Attorney's Office, Miami, FL, for Defendants-Appellees.

Before Branch, Brasher, and Anderson, Circuit Judges.


Karl Justa Brasil appeals the district court's grant of the defendants' motion to dismiss his complaint for lack of subject matter jurisdiction. His complaint sought judicial review of the U.S. Citizenship and Immigration Services' ("USCIS") denial of a national interest waiver under 8 U.S.C. § 1153(b)(2)(B)(i). On appeal, he argues that...

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