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Anesh Gupta v. U.S. Attorney General, Any Other Person Having Petitioner In

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Non-Argument Calendar

Before BARKETT, PRYOR and ANDERSON, Circuit Judges.

Anesh Gupta appeals the district court’s dismissal, based on a lack of subject matter jurisdiction, of his habeas corpus petition filed pursuant to 28 U.S.C. § 2241, and the court’s denial of his motion for a temporary restraining order and preliminary injunction. Gupta, an alien residing in the United States, filed an application for adjustment of status in 2002. When he filed for adjustment of status, he also filed an application for employment authorization, which was granted in 2002. In 2009, the United States Citizenship and Immigration Services denied his application for adjustment of status, and Gupta’s employment authorization was automatically terminated because removal proceedings were instituted. On appeal, Gupta argues that the district court mischaracterized his petition as an attack on the discretionary denial of his application for adjustment of status under the Immigration and Nationality Act, when he actually was challenging the fact that he never received a hearing before his employment authorization was terminated.

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