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Ibarra v. Swacina, No. 09-16393

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By FindLaw Staff on December 29, 2010 8:13 PM

Petition for Review of Denial of I-485 Application

In Ibarra v. Swacina, No. 09-16393, an action seeking review of the United States Citizenship and Immigration Services' denial of plaintiff's I-485 application for adjustment to legal permanent resident status, the court affirmed the dismissal of the action where the district court did not err in concluding it lacked jurisdiction under the Administrative Procedure Act to review the denial of plaintiff's application for adjustment of status.

As the court wrote:  "Laudy R. Ibarra appeals the district court's dismissal of her complaint under the Administrative Procedure Act (APA), 5 U.S.C. § 701 et. seq, for lack of subject matter jurisdiction. Ibarra seeks review of the United States Citizenship and Immigration Services' (USCIS) denial of her I-485 application for adjustment to legal permanent resident status."

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