United States Ninth Circuit

District court's dismissal of plaintiffs' complaint alleging that defendants misallocated immigrant visas to eligible applicants in the employment based third preference category (EB-3) during fiscal years 2008 and 2009 as moot, is affirmed, where: 1) plaintiffs failed to state a claim against United States Citizenship and Immigration Services; 2) the district court correctly concluded that plaintiffs' claims seeking to recapture visa numbers from past years were moot; and 3) district court did not err in dismissing the claims for prospective relief, because plaintiffs did not allege that defendants failed to take discrete actions they were legally required to take.

Appellate Information

• Decided 03/20/2013
• Published 03/20/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel