Moreno

Moreno v. Bureau of Citizenship & Immigration Services

Good Law
185 F. App'x 688
United States Court of Appeals for the Ninth CircuitJune 22, 2006No. 04-16549California622 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner-Appellant Claudio Moreno appeals from an order of the United States District Court for the Northern District of California, denying his motion for a writ of mandamus directing the Bureau of Citizen *689 ship and Immigration Services (“BCIS”) to grant his application for a replacement alien registration card, or in the alternative, injunctive relief pursuant to the Administrative Procedure Act (“APA”). We affirm.

Petitioner’s status in the United States is currently the subject of proceedings in the immigration court. He is a citizen of Chile who was formerly married to a United States citizen. In 1992, based on his marriage, Petitioner was issued an 1-1551 Permanent Resident Card (“green card”). Sometime after obtaining his green card Petitioner returned to Chile. The duration and nature of his stay is disputed, and is a part of the immigration court’s inquiry. 1 Petitioner returned to the United States on February 18, 1997, using a B1/B2 visitor’s visa. Upon his return, he was presented with a Form 1-407, Abandonment of Lawful Permanent Resident Status. The effect of this form on Petitioner’s status is also a part of the immigration court’s inquiry.…

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