Gertrude Nyanjega v. David Douglas, No. 19-1868 (8th Cir. 2020)

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Court Description: [Per Curiam. Before Gruender, Beam, and Kelly, Circuit Judges] Civil Case - Administrative Procedures Act. District court's declination to take judicial notice of certain documents and to grant summary judgment is summarily affirmed.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1868 ___________________________ Gertrude Nyanjega; Duba Roba lllllllllllllllllllllPlaintiffs - Appellants v. David Douglas, District Director, USCIS, St. Paul Field Office; Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security; William P. Barr, Attorney General of the United States; Elaine Duke, Ag-Secretary, Department of Homeland Security; Leslie Tritten, Field Office Director lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: February 4, 2020 Filed: February 13, 2020 [Unpublished] ____________ Before GRUENDER, BEAM, and KELLY, Circuit Judges. ____________ PER CURIAM. In this action seeking relief under the Administrative Procedure Act (APA), Gertrude Nyanjega and Duba Roba appeal after the district court1 declined to take judicial notice of certain documents and granted summary judgment in favor of defendants. Having carefully reviewed the record and the parties’ arguments on appeal, we find no basis for reversal. See Cravens v. Smith, 610 F.3d 1019, 1029 (8th Cir. 2010) (district court does not abuse its discretion by declining to take judicial notice of irrelevant materials; moreover, any error in failing to take judicial notice is not grounds for reversal unless appellant is prejudiced by the error); Simmons v. Smith, 888 F.3d 994, 998 (8th Cir. 2018), cert. denied, 139 S. Ct. 807 (2019) (reviewing de novo decision of district court granting summary judgment in favor of federal agency under APA); Sierra Club v. Envtl. Prot. Agency, 252 F.3d 943, 947 (8th Cir. 2001) (arbitrary and capricious standard of review affords agency decisions a “high degree of deference”). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Steven E. Rau, United States Magistrate Judge for the District of Minnesota. -2-

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