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191335P.pdf   08/28/2020  Orwa Al-Saadoon  v.  William P. Barr
   U.S. Court of Appeals Case No:  19-1335
   U.S. District Court for the District of Minnesota   
[PUBLISHED] [Smith, Author, with Melloy and Shepherd, Circuit Judges] Civil case - Immigration. For the court's prior opinion in the matter see Al-Saadoon v. Lynch, 816 F.3d 1012 (8th Cir. 2016). The district court properly held it did not have jurisdiction to review USCIS's discretionary denial of plaintiffs' request for their lawful permanent resident status to be reinstated nunc pro tunc; since adjustment to lawful permanent resident status is a prerequisite to naturalization, plaintiffs could not meet the legal requirements for naturalization; to the extent plaintiffs attempt to relitigate the determination that they were unlawfully admitted to permanent resident status in 2002, the argument was barred by res judicata; with respect to plaintiffs' claims they were impermissibly denied relief under a secret Controlled Application Review and Resolution Program, their claims were broad and speculative and were properly dismissed; plaintiffs could not amend their complaint to state a RFRA claim by including the claims for the first time in their response to the government's motion to dismiss.