Usdhs

FILED

NOT FOR PUBLICATION

APR 5 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DRAGOS GAVRILESCU; MELITA No. 23-55036

DINGAL PLUMB,

D.C. No. 8:21-cv-01965-CJC-DFM Plaintiffs-Appellants,

v. MEMORANDUM*

U.S. DEPARTMENT OF HOMELAND

SECURITY; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding

Argued and Submitted February 13, 2024 Pasadena, California

Before: W. FLETCHER, NGUYEN, and LEE, Circuit Judges. Concurrence by Judge LEE.

Melita Dingal Plumb (“Plumb”) is a U.S. citizen. Her spouse, Dragos

Gavrilescu (“Gavrilescu”), is a foreign national and a citizen of Romania. Plumb

filed an I-130 Petition for Alien Relative (“I-130 petition”) on behalf of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Gavrilescu with the United States Citizenship and Immigration Services

(“USCIS”). USCIS denied the petition on the ground that Gavrilescu…