Roderico Rodriguez v. John Kerry, No. 13-1223 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1223 RODERICO RAMIREZ RODRIGUEZ, Individually and as Father and Natural Guardian of J.L.R.P., minor, Plaintiff - Appellant, v. JOHN F. KERRY, Secretary of State, U. S. Department of State; JANET NAPOLITANO, Secretary, U. S. Department of Homeland Security; DONALD NEUFELD, Associate Director, U.S.C.I.S. Service Center Operations Directorate, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:12-cv-00252-BR) Submitted: July 17, 2013 Decided: August 6, 2013 Before DAVIS, KEENAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. James A. Satcher, Jr., Rome, Georgia, for Appellant. Stuart F. Delery, Acting Assistant Attorney General, Jeffrey S. Robins, Assistant Director, Craig A. Defoe, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Roderico Ramirez Rodriguez appeals the district court s order dismissing his civil complaint for lack of subject matter jurisdiction under the doctrine of consular nonreviewability and for failure to state a claim. reviewed the record and find no reversible error. We have Accordingly, we affirm for the reasons stated by the district court. Ramirez Rodriguez v. Clinton, * Case No. 5:12-cv-00252-BR (E.D.N.C. Jan. 22, 2013). legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED * On appeal, John F. Kerry has been substituted for his predecessor, Hillary Rodham Clinton, as Secretary of State. See Fed. R. App. P. 43(c)(2). 2

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