United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-2551 ___________________________ Benjamin Slappendel; Katherine Amerson lllllllllllllllllllllPlaintiffs - Appellants v. Lorne Miller, Associate Director, Nebraska Service Center; John/Jane Doe, Adjudicator; Merrick B. Garland, Attorney General; Alejandro Mayorkas, Acting Secretary of Homeland Security; Tracy Renaud, Director, U.S. Citizenship and Immigration Services lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: November 23, 2022 Filed: November 30, 2022 [Unpublished] ____________ Before LOKEN, MELLOY, and STRAS, Circuit Judges. ____________ PER CURIAM. Benjamin Slappendel and his wife appeal the dismissal of their lawsuit seeking to reverse the denial of his application for an immigrant visa. See Al- Saadoon v. Barr, 973 F.3d 794, 800 (8th Cir. 2020) (reviewing the grant of a motion to dismiss de novo). The district court 1 dismissed for lack of subject-matter jurisdiction because “decision[s] . . . to grant or deny a[n] [immigration] waiver” are unreviewable in these circumstances. See 8 U.S.C. § 1182(a)(2)(A)(i)(I), (h); see also 8 U.S.C. § 1252(a)(2)(B)(i) (“[N]o court shall have jurisdiction to review . . . any judgment regarding the granting of relief under section 1182(h).”). We affirm the district court’s reasoning but modify the dismissal to be without prejudice. See County of Mille Lacs v. Benjamin, 361 F.3d 460, 464 (8th Cir. 2004) (“A district court is generally barred from dismissing a case with prejudice if it concludes subject[-]matter jurisdiction is absent.”). ______________________________ 1 The Honorable Robert F. Rossiter, Jr., then United States District Judge for the District of Nebraska, now Chief Judge. -2- 21-2551 Court of Appeals for the Eighth Circuit ca8 8th Cir. Benjamin Slappendel v. Lorne Miller 30 November 2022 Unpublished 94449235a8d7ef027bd7bc762cd9c371bf40e350
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals