Avtar Singh v. Us Department of Homeland Security, an agency of the United States Government

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AVTAR SINGH,
Plaintiff - Appellant,
v.
US DEPARTMENT OF HOMELAND
SECURITY, an agency of the United
States Government and ROBERT M.
COWAN, Director of National Benefits
Center, U.S. Citizenship & Immigration
Services,
Defendants - Appellees.
No. 14-35088
D.C. No. 2:13-cv-00223-RAJ
MEMORANDUM*
KULVINDER SINGH,
Plaintiff - Appellant,
v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, an agency
of the United States Government,
Defendant - Appellee.
No. 14-35161
D.C. No. 3:12-cv-05474-RAJ
FILED
JUN 17 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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Appeals from the United States District Court
for the Western District of Washington
Richard A. Jones, District Judge, Presiding
Argued and Submitted June 10, 2016
Seattle, Washington
Before: EBEL,** PAEZ, and BYBEE, Circuit Judges.
Given that both Avtar Singh and Kulvinder Singh are in removal
proceedings, the governing regulations require that they pursue their adjustment
applications before the Immigration Judge presiding over their removal hearings.
See 8 C.F.R. §§ 245.2(a), 1245.2 (a)(1)(i). The district court in both cases
correctly concluded that there is no statutory or regulatory duty that would support
mandamus relief against USCIS. There is also no merit to Avtar Singh’s
procedural due process argument.
The district court’s dismissal of Avtar Singh’s case against DHS for failure
to state a claim upon which relief may be granted is AFFIRMED. The district
court’s grant of summary judgment to USCIS in Kulvinder Singh’s case is
AFFIRMED.
AFFIRMED.
** The Honorable David M. Ebel, Senior Circuit Judge for the U.S.
Court of Appeals for the Tenth Circuit, sitting by designation.
2

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