Sunday Usoh v. United States Citizenship and Immigration Services

Opinion

USCA4 Appeal: 23-6823 Doc: 10 Filed: 08/16/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6823

SUNDAY QUINCY USOH,

Plaintiff - Appellant,

v.

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; ALEJANDRO MAYORKAS; MENDOZA JADDOU; R. RODRIGUEZ; UNITED STATES OF AMERICA,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Sherri A. Lydon, District Judge. (2:22-cv-01470-SAL)

Submitted: June 28, 2024 Decided: August 16, 2024

Before KING, THACKER, and RUSHING, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Sunday Quincy Usoh, Appellant Pro Se. Kevin Hirst, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6823 Doc: 10 Filed: 08/16/2024 Pg: 2 of 2

PER CURIAM:

Sunday Quincy Usoh appeals the district court’s order accepting the magistrate

judge’s recommendation and dismissing his amended petition challenging the denial of his

application for naturalization. We have reviewed the record and find no reversible error.

Accordingly, we affirm the district court’s order, see Usoh v. U.S. Citizenship &

Immigration Servs., No. 2:22-cv-01470-SAL (D.S.C. July 20, 2023), but we modify the

dismissal to be without prejudice as to the claims dismissed for lack of subject matter

jurisdiction and failure to exhaust administrative remedies, see Ali v. Hogan, 26 F.4th 587,

600 (4th Cir. 2022); Moss v. Harwood, 19 F.4th 614, 623 n.3 (4th Cir. 2021). We 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 AS MODIFIED