Mohammed Kamal Hossain v. Commonwealth of the Northern Mariana Islands;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MOHAMMED KAMAL HOSSAIN,
Plaintiff - Appellant,
v.
COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS; et
al.,
Defendants - Appellees.
No. 08-17754
D.C. No. 1:08-cv-00016
MEMORANDUM*
Appeal from the United States District Court
for the District of the Northern Mariana Islands
Alex R. Munson, Chief Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Mohammed Kamal Hossain appeals pro se from the district court’s order
dismissing his action alleging violations of federal and international law resulting
FILED
JUN 03 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-17754 2
from the unavailability of derivative non-refoulement status for his family. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo. Paulsen v. CNF
Inc., 559 F.3d 1061, 1071 (9th Cir. 2009), cert. denied, 130 S.Ct. 1053 (2010). We
may affirm on any ground supported by the record. Downs v. Hoyt, 232 F.3d
1031, 1036 (9th Cir. 2000). We affirm.
Hossain’s action is precluded by both the doctrine of res judicata and the
contractual obligations imposed by the settlement of his first action, as this action
involves the same claims that Hossain raised or could have raised in his prior
action. See Intl Union of Operating Engrs. v. Karr, 994 F.2d 1426, 1429 (9th Cir.
1993) (applying res judicata to bar action raising claims that were dismissed
pursuant to a settlement agreement).
We do not consider Hossain’s arguments that are raised for the first time on
appeal. See United States v. Cade, 236 F.3d 463, 467 (9th Cir. 2000).
All pending motions are denied.
AFFIRMED.

-- 2 of 2 --