Fallin

ORDER

David Fallin appeals the decision of the district court, which declared the Bureau of Citizenship and Immigration Service’s (“CIS”) October 2003 denial of his 1-130 petition to be arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 701 , and remanded the case to the agency to make new findings.

An order remanding a case to an administrative agency is not an appealable final decision unless “(1) the district court order conclusively resolves a separable legal issue, (2) the remand order forces the agency to apply a potentially erroneous legal rule which may result in a wasted proceeding, and (3) review would, as a practical matter, be foreclosed if an immediate appeal were unavailable.” Alsea Valley Alliance v. Dep’t of Commerce, 358 F.3d 1181, 1184 (9th Cir.2004) (internal - quotation marks omitted). Even assuming Fallin could satisfy the first two of Alsea’s criteria for construing the district court’s remand order as final, he has not met the third criterion. If he believes CIS’s action on remand to be unlawful, he “can bring suit at that point to challenge [its] action.” Id. at 1185 .

We dismiss this appeal for want of jurisdiction to review a…