Vukov

MEMORANDUM ***

Kiril Vukov appeals the district court’s order dismissing his putative class action. Vukov’s suit sought, inter alia, to compel the United States Citizenship and Immigration Services (“USCIS”) to adjudicate his adjustment of immigration status application. While Vukov’s case was pending before the district court, USCIS denied his adjustment of status application on both statutory and discretionary grounds. The district court granted the government’s motion to dismiss Vukov’s case because Vukov’s “claims that are based on the agency’s alleged failure to act have been mooted by the denial of his adjustment application. Further, the Court lacks jurisdiction to review his claims challenging the denial itself.”

The district court explained that US-CIS’s rejection of his adjustment of status application mooted his failure to adjudicate claims. The district court further found that it lacked jurisdiction to review the basis for that denial because the agency “alternately denied relief as a matter of discretion.” That is, because the agency rejected Vukov’s application not just on reviewable statutory grounds but alternately on non-reviewable discretionary grounds, there…