Di Nitto v. Department of Homeland Security

MEMORANDUM *

Appellants Elmerinda Di Nitto, Leone D’Arcangelo, Emanuela D’Arcangelo, and Frencesco D’Arcangelo (“Appellants”) appeal the district court’s decision to grant the Department of Homeland Security’s (“Government”) motion to dismiss for lack of subject matter jurisdiction. Although we find that the district court erred in concluding that it lacked subject matter jurisdiction, we nonetheless affirm the motion to dismiss because Appellants have failed to demonstrate statutory eligibility for adjustment of status.

The INS based its decision to deny Appellants’ application for adjustment…