FILED
NOT FOR PUBLICATION OCT 7 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
STELLA VELASCO; et al., No. 10-55261
Plaintiffs - Appellants, D.C. No. 2:09-cv-01341-AHM-CT
v.
MEMORANDUM *
THE UNITED STATES CITIZENSHIP &
IMMIGRATION SERVICES (CIS); et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
A. Howard Matz, District Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Stella Velasco and her family appeal the district court’s grant of summary
judgment in favor of the United States Citizenship and Immigration Services
(“USCIS”), which denied their applications for adjustment of status. We review
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the district court’s grant of summary judgment de novo. Pan Pac. Retail Props.
Inc. v. Gulf Ins. Co., 471 F.3d 961, 965 (9th Cir. 2006).
The district court lacked jurisdiction over this action. USCIS’s denial of the
Velascos’ applications to adjust status is nonfinal, and the petitioners have not
exhausted their administrative remedies. See Cabaccang v. U.S. Citizenship &
Immigration Servs., 627 F.3d 1313, 1316-18 (9th Cir. 2010). We therefore vacate
the district court’s order of December 21, 2009, and remand with instructions to
dismiss the action for lack of jurisdiction.
VACATED and REMANDED with instructions.
2 10-55261