Opinion
No. 18-16341
05-07-2020
2233 PARADISE ROAD, LLC, DBA Cash Factory USA, Plaintiff-Appellant, v. JOHN F. KELLY, Secretary of the Homeland Security; LORI L. SCIALABBA, Director of U.S. Citizenship & Immigration Services (USCIS), Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 2:17-cv-01018-APG-VCF MEMORANDUM Appeal from the United States District Court for the District of Nevada
Andrew P. Gordon, District Judge, Presiding Submitted March 27, 2020 San Francisco, California Before: WALLACE, GRABER, and COLLINS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). --------
Plaintiff 2233 Paradise Road, LLC, timely appeals from the district court's summary judgment in favor of Defendants, the Director of United States Citizenship and Immigration Services ("the agency") and the Secretary of Homeland Security, in this action challenging the agency's denial of Plaintiff's petition for an "H-1B visa" on behalf of Songhua Hu for a position of Chief Operating Officer. We dismiss the appeal as moot.
After Plaintiff filed this appeal, Plaintiff informed us that Hu had resigned. The visa petition before us pertains specifically to Hu and cannot be transferred to another individual. Plaintiff asserts only that Hu "may seek to renew the employment relationship in the future." (Emphasis added.) No live controversy remains, and Plaintiff's speculation is insufficient to confer jurisdiction. See, e.g., Bain v. Cal. Teachers Ass'n, 891 F.3d 1206, 1214 (9th Cir. 2018) (holding that "[t]he assertion that [a plaintiff] could conceivably return to her old job, without more," is insufficient to confer jurisdiction).
We dismiss the appeal and remand with instructions for the district court to consider whether to vacate its judgment and dismiss the complaint. U.S. Bankcorp Mortg. Co. v. Bonner Mall P'ship, 513 U.S. 18, 24-25 (1994); Dilley v. Gunn, 64 F.3d 1365, 1370-71 (9th Cir. 1995).