FILED

NOT FOR PUBLICATION

JUN 17 2016

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

AVTAR SINGH, No. 14-35088

Plaintiff - Appellant, D.C. No. 2:13-cv-00223-RAJ

v.

MEMORANDUM*

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.

KULVINDER SINGH, No. 14-35161

Plaintiff - Appellant, D.C. No. 3:12-cv-05474-RAJ

v.

UNITED STATES CITIZENSHIP AND

IMMIGRATION SERVICES, an agency of the United States Government,

Defendant - Appellee.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 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.

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