Li, et al. v. Kerry, et al., No. 11-35412 (9th Cir. 2013)Annotate this Case
Plaintiffs brought suit on behalf of a class of individuals from China who were seeking to acquire permanent resident status in the employment-based third preference category (EB-3). Plaintiffs alleged that during the 2008-2009 fiscal years, defendants did not allocate immigrant visas to eligible applicants in the correct order, thereby delaying their applications, and their eligibility for adjustment of status. The court held that the district court properly dismissed the complaint because there was no live case or controversy about the establishment of visa cut-off dates, and the allocation of visa numbers, in the 2008 and 2009 fiscal years. The district court did not err in dismissing plaintiffs' claims for prospective relief because they did not allege that defendants failed to take discrete actions they were legally required to take. Accordingly, the court affirmed the judgment of the district court.