21-1073 Saleh v. Pastore UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court’s Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation “summary order”). A party citing a summary order must serve a copy of it on any party not represented by counsel. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 27th day of October, two thousand twenty-one. PRESENT: Dennis Jacobs, Steven J. Menashi, Circuit Judges Lewis J. Liman, District Judge. * ____________________________________________ TAREK YOUSSEF HASSAN SALEH, Plaintiff-Appellant, v. No. 21-1073 *Judge Lewis J. Liman of the United States District Court for the Southern District of New York, sitting by designation. GINA PASTORE, as Brooklyn Field Office Director U.S. Citizenship and Immigration Services, SUSAN QUINTANA, as New York City Field Office Director U.S. Citizenship and Immigration Services, LEE BOWES, as Acting Field Office Director, Northeast Region, USCIS, TRACY RENAUD, Acting Director, USCIS, Alejandro Mayorkas, Secretary U.S. Department of Homeland Security, CHRISTOPHER A. WRAY, Director Federal Bureau of Investigation, MERRICK B. GARLAND, Attorney General U.S. Department of Justice, Defendants-Appellees. ____________________________________________ For Plaintiff-Appellant: Tarek Youssef Hassan Saleh, pro se, Staten Island, NY For Defendants-Appellees: Joshua Kahane, Christopher Connolly, Assistant United States Attorneys, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY Appeal from a judgment of the United States District Court for the Southern District of New York (Failla, J.). 2 Upon due consideration, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court is AFFIRMED. Appellant Tarek Saleh, proceeding pro se, sued officers of United States Citizenship and Immigration Services (“USCIS”) and other government officials, alleging violations of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq.; the Administrative Procedure Act (“APA”), 5 U.S.C. § 500 et seq.; and Saleh’s Fifth Amendment right to due process, U.S. Const. amend. V, as well as unlawful interference with Congress’s power to establish a uniform rule of naturalization, U.S. Const. art. I, § 8, cl. 4. Saleh sought an order (1) compelling USCIS to adjudicate his Application for Naturalization (Form N-400) and (2) enjoining USCIS from employing the Controlled Application Review and Resolution Program (“CARRP”) in conducting that adjudication. While the case was pending, USCIS denied Saleh’s Form N-400, and Saleh administratively appealed the decision by filing a Request for a Hearing on a Decision in Naturalization Proceedings (Form N-336). The district court subsequently dismissed the complaint in part as moot and in part for Saleh’s failure to exhaust his administrative remedies. It also denied …
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