United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 22-5181 September Term, 2022 1:22-cv-00346-UNA Filed On: November 8, 2022 Reginald G. McFadden, also known as Abdul Ghaffaar Muhammand, Appellant v. Antony J. Blinken, U.S. Sec. of State and United States Citizenship and Immigration Services, Director, Appellees ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BEFORE: Henderson and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge JUDGMENT This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). Upon consideration of the foregoing, the motion to proceed in forma pauperis and for appointment of counsel, and the motion for other relief, it is ORDERED that the motion for appointment of counsel be denied. In civil cases, appellants are not entitled to appointment of counsel when they have not demonstrated sufficient likelihood of success on the merits. It is FURTHER ORDERED AND ADJUDGED that the district court’s May 11, 2022 order be affirmed. The district court dismissed appellant’s petition for writ of mandamus because, among other reasons, it concluded that the U.S. Citizenship and Immigration Services (“USCIS”) does not have a ministerial duty to grant appellant’s requests to renounce his U.S. citizenship. Appellant does not challenge this ruling on appeal. Instead, he argues that USCIS had a ministerial duty to respond to his renunciation requests—either by granting or denying them—and that USCIS failed to perform this ministerial duty. However, appellant forfeited this argument by not first raising it in United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 22-5181 September Term, 2022 district court. See, e.g., Salazar ex rel. Salazar v. District of Columbia, 602 F.3d 431, 436–37 (D.C. Cir. 2010). It is FURTHER ORDERED that the remaining motions be dismissed as moot. Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41. Per Curiam FOR THE COURT: Mark J. Langer, Clerk BY: /s/ Daniel J. Reidy Deputy Clerk Page 2 22-5181 Court of Appeals for the D.C. Circuit cadc D.C. Cir. Reginald McFadden v. Antony Blinken 8 November 2022 Unpublished eb4295711bb07114cc6350b6ecb19f0e72784366
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