NYANJEGA v. DOUGLAS USCIS (2020)

[Unpublished]

In this action seeking relief under the Administrative Procedure Act (APA), Gertrude Nyanjega and Duba Roba appeal after the district court ¹ declined to take judicial notice of certain documents and granted summary judgment in favor of defendants. Having carefully reviewed the record and the parties’ arguments on appeal, we find no basis for reversal. See Cravens v. Smith, 610 F.3d 1019, 1029 (8th Cir. 2010) (district court does not abuse its discretion by declining to take judicial notice of irrelevant materials; moreover, any error in failing to take judicial notice is not grounds for reversal unless appellant is prejudiced by the error); Simmons v. Smith, 888 F.3d 994, 998 (8th Cir. 2018), cert. denied, ––– U.S. ––––, 139 S. Ct. 807, 202 L.Ed.2d 575 (2019) (reviewing de novo decision of district court granting summary judgment in favor of federal agency under APA); Sierra Club v. Envtl. Prot. Agency, 252 F.3d 943, 947 (8th Cir. 2001) (arbitrary and capricious standard of review affords agency decisions a “high degree of deference”). Accordingly, we affirm. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Steven E. Rau, United States Magistrate Judge for the District of Minnesota.

PER CURIAM.