RODERICO RAMIREZ RODRIGUEZ, Individually v. JOHN F. KERRY, Secretary of State, U. S. Department of State

13-1223Court of Appeals for the Fourth Circuit6 ago 2013

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1223
RODERICO RAMIREZ RODRIGUEZ, Individually and as Father and
Natural Guardian of J.L.R.P., minor,
Plaintiff - Appellant,
v.
JOHN F. KERRY, Secretary of State, U. S. Department of
State; JANET NAPOLITANO, Secretary, U. S. Department of
Homeland Security; DONALD NEUFELD, Associate Director,
U.S.C.I.S. Service Center Operations Directorate,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:12-cv-00252-BR)
Submitted: July 17, 2013 Decided: August 6, 2013
Before DAVIS, KEENAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James A. Satcher, Jr., Rome, Georgia, for Appellant. Stuart F.
Delery, Acting Assistant Attorney General, Jeffrey S. Robins,
Assistant Director, Craig A. Defoe, Office of Immigration
Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Roderico Ramirez Rodriguez appeals the district
court’s order dismissing his civil complaint for lack of subject
matter jurisdiction under the doctrine of consular
nonreviewability and for failure to state a claim. We have
reviewed the record and find no reversible error. Accordingly,
we affirm for the reasons stated by the district court. Ramirez
Rodriguez v. Clinton,* Case No. 5:12-cv-00252-BR (E.D.N.C. Jan.
22, 2013). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED
* On appeal, John F. Kerry has been substituted for his
predecessor, Hillary Rodham Clinton, as Secretary of State. See
Fed. R. App. P. 43(c)(2).

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