Legal Opinion
Oscar Melendez v. Kevin McAleenan, Acting Secy, et
Court of Appeals for the Fifth Circuit
Decided June 27, 2019No. 18-20341PublishedCited by 14 opinions
1Opinion of the Court
LESLIE H. SOUTHWICK, Circuit Judge:
Oscar Ernesto Melendez filed suit seeking a declaratory judgment that the Department of Homeland Security had improperly denied his application to adjust his status to that of a legal permanent resident. The district court dismissed his complaint for lack of jurisdiction. The government now concedes there was jurisdiction but urges we deny relief. Though there is jurisdiction, Melendez benefits little because we also conclude he did not state a legally cognizable claim. The district *426 court's ruling is VACATED, and the complaint is DISMISSED.
FACTS AND…
2Cases cited10 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Doe Ex Rel. Magee v. Covington County School DistrictCourt of Appeals for the Fifth Circuit · 2012
- Mowbray v. Cameron County, TXCourt of Appeals for the Fifth Circuit · 2001
- Zuspann v. BrownCourt of Appeals for the Fifth Circuit · 1995
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Adil Abuzeid v. Alejandro MayorkasCourt of Appeals for the D.C. Circuit · 2023
- Elldakli v. GarlandCourt of Appeals for the Fifth Circuit · 2023
- Guerrero Trejo v. GarlandCourt of Appeals for the Fifth Circuit · 2021
- Josue Nolasco v. Stanley CrockettCourt of Appeals for the Fifth Circuit · 2020
- Leymis Velasquez v. William P. BarrCourt of Appeals for the Eighth Circuit · 2020
9 more not listed; retrieve them via the Exa API.