Fidel Gonzalez v. Alejandro Mayorka

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cv-01230-TSE-JFA. Copies to all parties and the district court/agency. [999467434]. [14-1360]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1360

FIDEL ANGEL VASQUEZ GONZALEZ,
Petitioner – Appellant,
v.
KIMBERLY
ZANNOTTI,
United
States
Citizenship
and
Immigration Services, Washington Field Office Director;
ERIC H. HOLDER, JR., Attorney General, Department of
Justice; JEH JOHNSON, Secretary of the Department of
Homeland Security; LEON RODRIGUEZ, Director, United States
Citizenship and Immigration Services,
Respondents – Appellees,
and
RAND BEERS,
Security,

Acting

Secretary,

Department

of

Homeland

Respondent.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T. S. Ellis, III, Senior
District Judge. (1:13-cv-01230-TSE-JFA)

Submitted:

October 31, 2014

Decided:

November 3, 2014

Before SHEDD and AGEE, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Affirmed by unpublished per curiam opinion.

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Christopher A. Bowen, Nancy Noonan, ARENT FOX LLP, Washington,
D.C., for Appellant. Dana J. Boente, United States Attorney,
Antonia
M.
Konkoly,
Assistant
United
States
Attorney,
Alexandria, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Fidel Angel Vasquez Gonzalez filed a petition in the
district

court

compelling

for

the

a

writ

United

of

seeking

Citizenship

States

mandamus

and

an

order

Immigration

Services (USCIS) to adjudicate his Form I-485 application for
adjustment of status.

The district court dismissed the petition

against USCIS as moot based on its finding that USCIS lacked
jurisdiction

over

the

adjustment

administratively

closed

appeal,

Gonzalez

Vasquez

and

application

dismissed

challenges

the

this

and

had

already

application.
finding.

We

On
have

reviewed the administrative record and agree that USCIS does not
have jursidiction over the adjustment application.

Accordingly,

we affirm the dismissal of the mandamus petition for the reasons
stated

by

the

district

1:13-cv-01230-TSE-JFA

court.

(E.D.

Va.

Gonzalez
Feb. 12,

v.

Rodriguez,

2014).

We

No.

dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

this

court

and

argument would not aid the decisional process.
AFFIRMED

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