Prymas Vaz v. David Neal

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PRYMAS NAZRETH VAZ, No. 21-15913 Plaintiff-Appellant, D.C. No. v. 2:20-cv-00316-

KJD-NJK

DAVID NEAL, * in his official capacity, Director of Executive Office for Immigration Review; JILL OPINION

L. ANDERSON, in her official

capacity as General Counsel for the Executive Office for Immigration Review, Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding

Argued and Submitted March 16, 2022 Las Vegas, Nevada

Filed May 9, 2022

* David Neal, the Director of the Executive Office for Immigration Review is automatically substituted for his predecessor, James McHenry, pursuant to Fed. R. App. P. 43(c)(2). Before: Andrew J. Kleinfeld, D. Michael Fisher, ** and Mark J. Bennett, Circuit Judges.

Opinion by Judge Bennett

SUMMARY ***

Administrative Procedure Act/Mandamus Act

The panel affirmed the district court’s dismissal of an action seeking to compel the Executive Office for Immigration Review, an agency within the Department of Justice that maintains an…