Uscis

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 16 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID LEE YOCOM; DUC HUA No. 23-55430

YOCOM,

D.C. No. Plaintiffs-Appellants, 3:22-cv-00839-BEN-BLM

v.

MEMORANDUM*

UNITED STATES CITIZENSHIP AND

IMMIGRATION SERVICES; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Argued and Submitted April 10, 2024 Pasadena, California

Before: SILER,** GOULD, and BEA, Circuit Judges.

Plaintiffs-Appellants David Yocom, a United States citizen, and Duc Yocom,

a Vietnamese citizen, appeal the district court order which granted Defendants-

Appellees’ (“the government”) Federal Rule of Civil Procedure 12(b)(6) motion to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. dismiss Plaintiffs’ procedural due…