Liu

MEMORANDUM *

Jia Tong Liu, a native and citizen of China, appeals from the district court’s dismissal of his complaint against the Immigration and Naturalization Service (“INS”) 1 alleging unjustified delay and active discrimination in the handling of his I-485 application for adjustment of status. *67 After Liu filed his complaint, the INS revoked his 1-140 business visa, which led to the denial of his 1-485 application. The district court granted the INS’ motion for dismissal of Liu’s complaint without a written statement of decision, apparently because it found Liu’s discrimination claim legally incognizable, as well as insufficiently supported by the record. 2 Liu also appeals the district court’s denial of his motion to compel discovery from certain INS officials. We affirm the district court’s rulings on both motions.

We have jurisdiction over these claims pursuant to 28 U.S.C. § 1331 . 3 We review the district court’s rejection of Liu’s motion to compel discovery for abuse of discretion. Panatronic USA v. AT & T Corp., 287 F.3d 840, 846 (9th Cir.2002). We review the district court’s decision to grant summary judgment de novo. Lindahl v. Air France, 930 F.2d 1434, 1436…