USCA11 Case: 20-12651 Date Filed: 01/29/2021 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-12651 Non-Argument Calendar ________________________ D.C. Docket No. 1:19-cv-24944-CMA DAVID SEBASTIAN-SOLER, Plaintiff-Appellant, versus ANGELA E. NOBLE Ex Rel.-Clerk of the Court, U.S. District Court, Southern District of Florida, et al., Defendant, WILLIAM PELHAM BARR, Attorney General of The United States, U.S. Department of Justice, CHAD WOLF, Acting Secretary, Department of Homeland Security, KENNETH T. CUCCINELLI, Acting Director, U.S. Citizenship and Immigration Services, Department of Homeland Security, LINDA SWACINA, District Director (for District #24), United States Citizenship and Immigration Services, Department of Homeland Security, ENID STULZ, Field Officer Director, Hialeah, Florida Field Office, United States Citizenship and Immigration Services, Department of Homeland Security, Defendants-Appellees. USCA11 Case: 20-12651 Date Filed: 01/29/2021 Page: 2 of 7 ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (January 29, 2021) Before JILL PRYOR, NEWSOM and ANDERSON, Circuit Judges. PER CURIAM: David Sebastian-Soler appeals following the dismissal of his complaint seeking certified copies of a 1984 administrative order (“AO 84-11”) by a district court, under 28 U.S.C. §§ 1734 and 1735, for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Sebastian-Soler emigrated from Cuba to the United States in 1969, obtained permanent resident status, and applied to file for naturalization. See Sebastian-Soler v. U.S. Att’y Gen. (“Sebastian-Soler I”), 409 F.3d 1280, 1282 (11th Cir. 2005). The district court denied Sebastian-Soler’s application for naturalization for lack of prosecution. Id. Four years later, Sebastian-Soler was convicted of, and sentenced for, seven felony counts. Id. Following his release from prison, the Immigration and Naturalization Service initiated removal proceedings against him. Id. at 1283. An immigration judge (“IJ”) sustained the charge of removability, found Sebastian-Soler ineligible for relief or asylum, and ordered him removed to Cuba. Id. He administratively appealed, but 2 USCA11 Case: 20-12651 Date Filed: 01/29/2021 Page: 3 of 7 the Board of Immigration Appeals (“BIA”) summarily affirmed the IJ’s decision. Id. Sebastian-Soler then petitioned for judicial review of that decision, giving rise to his first appeal in Sebastian-Soler I; we dismissed his petition. Id. at 1283–87. Over 12 years later, Sebastian-Soler moved the BIA to reopen his removal proceedings. The BIA denied his motion to reopen and his motion for reconsideration. See Sebastian-Soler v. U.S. Att’y Gen. (“Sebastian-Soler II”), 748 F. App’x 900, 901 (11th Cir. 2018) (unpublished). Sebastian-Soler then filed a second motion to reopen with the BIA, arguing, in relevant part, that he had acquired new evidence indicating that he became a naturalized citizen of the United States. See Sebastian-Soler v. U.S. Att’y Gen. (“Sebastian-Soler III”), No. 19-14178, 2020 WL 5960740 (11th Cir. 2020) (unpublished). Among other things, the new evidence that Sebastian-Soler relied on was AO 84-11. Id. at *4. The BIA denied his motion, and we denied his petition for review, concluding that AO 84-11 “does not reasonably permit the inference” that Sebastian-Soler met the naturalization requirements ...
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