Kolev

MEMORANDUM **

Petitioner Nick A. Kolev (“Kolev”) appeals pro se the District Court’s dismissal of his first amended complaint against the Department of Homeland Security, Department of State, and individual federal officials (collectively, the “Government”). He contends that a consular officer at the United States Embassy in Moscow wrongfully denied a visa to his fiancée, Irina Krasnova (“Krasnova”), and seeks damages for the delay of her visa’s adjudication.

We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the District Court’s dismissal of Kolev’s first amended complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Carson Harbor Vill., Ltd. v. City of Carson, 353 F.3d 824 , 826 (9th Cir.2004), cert. denied, —U.S.-, 125 S.Ct. 105 , 160 L.Ed.2d 123 (2004); Libas Ltd. v. Carillo, 329 F.3d 1128, 1130 (9th Cir.2003). For the reasons stated below, we AFFIRM.

Kolev lacks standing to bring his damage claims. The only injury Kolev suffered was the sunk costs of his travel arrangements because Krasnova did not receive her visa as soon as he would have liked. This injury is not traceable to the U.S. consulate’s denial of Krasnova’s visa.…