Bing Chen v. Joseph Biden, Jr. ( 2022 )

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1424
BING CHEN,
Plaintiff - Appellant,
v.
JOSEPH R. BIDEN, JR., in his official capacity as the President of the United States;
MICHAEL R. POMPEO, in his former official capacity as Secretary of State; ANTONY
J. BLINKEN, in his official capacity as Secretary of State; UNITED STATES
DEPARTMENT OF STATE, Antony J. Blinken, Secretary; NANCY PELOSI, in her
official capacity as Speaker of the House of Representatives; UNITED STATES HOUSE
OF REPRESENTATIVES, Speaker Nancy Pelosi; MARCO RUBIO, in his official
capacity as United States Senator from Florida; TOM COTTON, in his official capacity as
United States Senator from Arkansas; CONGRESSIONAL-EXECUTIVE COMMISSION
ON CHINA, Jeffrey Alan Merkley, Chairman; UNITED STATES HOUSE COMMITTEE
ON FOREIGN AFFAIRS, Gregory Meeks, Chairman; UNITED STATES COMMISSION
ON INTERNATIONAL RELIGIOUS FREEDOM, Erin D. Singshinsuk, Executive
Director; UNITED STATES DEPARTMENT OF THE TREASURY, Janet Yellen,
Secretary; UNITED STATES DEPARTMENT OF COMMERCE, Gina Raimondo,
Secretary; UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Alejandro
Mayorkas, Secretary; OFFICE OF THE UNITED STATES TRADE
REPRESENTATIVE, Katherine Chi Tai, Representative; UNITED STATES
DEPARTMENT OF LABOR, Martin J. Walsh, Secretary; ILSHAT HASSAN
KOKBORE, former Chairman of Uyghur American Association (UAA); NURY
TURKEL, in his official capacity as Vice Chair of the United States Commission on
International Religious Freedom; GULCHEHRA HOJA, correspondent of Uighur
Language Department, Radio Free Asia; RUSHAN ABBAS, Founder and Executive
Director of Campaign for Uyghurs; ADRIAN ZENZ, a Senior Fellow of Victims of
Communism Memorial Foundation; UYGHUR HUMAN RIGHTS PROJECT, Nury
Turkel, Board Chair; CAMPAIGN FOR UYGHURS, Rushan Abbas, Founder and
Executive Director; RADIO FREE ASIA, Bay Fang, President; BRITISH
BROADCASTING CORPORATION (BBC), Richard Sharp, Chairman; CNN CENTER,
Jeff Zucker, Chairman; THE NEW YORK TIMES COMPANY, Arthur Gregg Sulzberger,
Chairman; THE WASHINGTON POST, Fred Ryan, Publisher; THE SLATE GROUP,
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LLC (FP), Ravi Agrawal, Editor; THE UNITED STATES HOLOCAUST MEMORIAL
MUSEUM’S SIMON-SKJODT CENTER, Naomi Kikoler, Director; NEWLINES
INSTITUTE FOR STRATEGY AND POLICY, Ahmed Alwani, Founder and President;
AMNESTY INTERNATIONAL, Agnes Callamard, Secretary-General; HUMAN
RIGHTS WATCH, Kenneth Roth, Executive Director; STANFORD UNIVERSITY, Marc
Tesr-Lavigne, President; THE NATIONAL ENDOWMENT FOR DEMOCRACY (NED),
Damon Wilson, President; CENTER FOR STRATEGIC AND INTERNATIONAL
STUDIES (CSIS), John Hamre, President; PULITZER PRIZES BOARD, Katherine Boo,
Chair,
Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Paula Xinis, District Judge. (8:22-cv-00025-PX)
Submitted: August 18, 2022 Decided: August 22, 2022
Before WYNN, THACKER, and HEYTENS, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Bing Chen, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Bing Chen appeals the district court’s order dismissing his amended civil complaint
for lack of jurisdiction. We have reviewed the record and find no reversible error.
Accordingly, we affirm the district court’s order, as modified to reflect that the dismissal
of the amended complaint is without prejudice. See Ali v. Hogan, 26 F.4th 587, 600
(4th Cir. 2022) (explaining that dismissals for lack of jurisdiction must be without
prejudice). We deny Chen’s emergency motion to suspend a portion of the Uyghur Forced
Labor Prevention Act and his motion for appointment of counsel. We dispense with oral
argument because the facts and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional process.
AFFIRMED AS MODIFIED
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