Singh v. US Department of Homeland Security
This text of 667 F. App'x 181 (Singh v. US Department of Homeland Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Given that both Avtar Singh and Kulvin-der Singh are in removal proceedings, the governing regulations require that they pursue their adjustment applications before the Immigration Judge presiding over their removal hearings. See 8 C.F.R. §§ 245.2(a), 1245.2 (a)(1)(i). The district court in both cases correctly concluded that there is no statutory or regulatory duty that would support mandamus relief against USCIS. There is also no merit to Avtar Singh’s procedural due process argument.
The district court’s dismissal of Avtar Singh’s case against DHS for failure to [182]*182state a claim upon which relief may be granted is AFFIRMED. The district court’s grant of summary judgment to US-CIS in Kulvinder Singh’s case is AFFIRMED.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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667 F. App'x 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singh-v-us-department-of-homeland-security-ca9-2016.