FILED
NOT FOR PUBLICATION JUL 06 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JESUSA G. CURVA, No. 10-55367
Plaintiff - Appellant, D.C. No. 2:09-cv-06086-DDP-E
v.
MEMORANDUM *
THE UNITED STATES CITIZENSHIP &
IMMIGRATION SERVICES (CIS); F.
GERARD HEINAUER, Director of CIS
Nebraska Service Center; MICHAEL
AYTES, Acting Deputy Director of CIS;
JANET NAPOLITANO, Secretary of the
Department of Homeland Security; ERIC
H. HOLDER, Jr., Attorney General,
Attorney General of the United States,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted June 26, 2012 **
*
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).
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Jesusa G. Curva appeals from the district court’s order granting summary
judgment to the defendants. We review de novo the district court’s determination
regarding jurisdiction. Robinson v. United States, 586 F.3d 683, 685 (9th Cir.
2009).
The district court lacked jurisdiction over this action. The United States
Citizenship and Immigration Services’ denial of Curva’s application to adjust
status is nonfinal, and she has not exhausted her 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 January 11, 2010, and
remand with instructions to dismiss the action for lack of jurisdiction.
VACATED and REMANDED with instructions.
2 10-55367