United States Fifth Circuit

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Bian v. Clinton, 09-10568

In an action seeking to compel the United States Department of Homeland Security, Citizenship and Immigration Services (USCIS) to adjudicate plaintiff's I-485 application for adjustment of immigration status, dismissal of the action for lack of subject matter jurisdiction is affirmed where, because plaintiff contested the USCIS's decision to adjudicate her application in compliance with regulations that were clearly within the agency's discretion to establish, the federal courts were without jurisdiction to entertain her claim.

Appellate Information

  • Decided 04/28/2010
  • Published 04/28/2010


  • WIENER, Circuit Judge:, Before KING, WIENER, and DENNIS, Circuit Judges.


  • United States Fifth Circuit