Jesusa G. CURVA, Plaintiff-Appellant, v. The UNITED STATES CITIZENSHIP & IMMIGRATION SERVICES (CIS); F. Gerard Heinauer, Director of CIS Nebraska Service Center; Michael Aytes, Acting Deputy Director of CIS; Janet Napolitano, Secretary of the Department of Homeland Security; Eric H. Holder, Jr., Attorney General, Attorney General of the United States, Defendants-Appellees, 478 F. App'x 402

MEMORANDUM Jesusa G. Curva appeals from the district court’s order granting

summary judgment to the defendants. We review de novo the district court’s determination regarding jurisdiction. Robinson v. United States, 586 F.3d 683, 685 (9th Cir.2009). The district court lacked jurisdiction over this action. The United States Citizenship and Immigration Services’ denial of Curva’s application to adjust status is nonfinal, and she has not exhausted her administrative remedies. See Cabaccang v. U.S. Citizenship & Immigration Servs., 627 F.3d 1313, 1316-18 (9th Cir.2010).

We therefore vacate the district court’s order of January 11, 2010, and remand with instructions to dismiss the action for lack of jurisdiction. VACATED and REMANDED with instructions. This disposition is not appropriate for publication and except as provided by 9th Cir. R. 36-3.