DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.