Uscis
Kashannejad v. United States Citizenship & Immigration Services
Opinion
Opinion
MEMORANDUM
Jamshid S. Kashannejad, a native and citizen of Iran, appeals pro se from the district court’s summary judgment in his action seeking re-entry into the United States. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo cross motions for summary judgment, Guatay Christian Fellowship v. Cnty. of San Diego, 670 F.3d 957, 970 (9th Cir.2011), and decide ripeness de novo, Natural Res. Def. Council v. Abraham, 388 F.3d 701 , 704-705 (9th Cir.2004). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.
The district court did not err in granting in part appellees’ cross motion for summary judgment, because Kashannejad’s challenges concerning whether 8 C.F.R. § 245a.2(u)(2)(ii) could be applied to him were not ripe for review where the regulation has not been applied to him and it is only speculative that it might be applied to him in the future. See Natural Res. Def. Council, 388 F.3d at 705 (to determine whether a petition is ripe for review the court evaluates the fitness of the issues for judicial decision and the hardship to the parties of withholding court consideration).