Dmitry Andrianov v. United States Citizenship and Immigration Services (USCIS)

I. INTRODUCTION

On October 3, 2023, plaintiff Dmitry Andrianov filed this action in the United States District Court for the Southern District of California against defendants United States Citizenship and Immigration Services (“USCIS”); Alejandro Mayorkas, Secretary, Department of Homeland Security; Los Angeles Asylum Office, USCIS; UR M. Jaddou, Director, USCIS; Ted H. Kim, Associate Director, Refugee, Asylum and International Operations, USCIS; John Lafferty, Chief of the Asylum Division, USCIS; and Matthew D. Emrich, Associate Director, Fraud Detection and National Security Directorate, USCIS. Dkt. 1 (“Compl.”). Plaintiff asserts five claims for relief: (1) violation of the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(1)—unreasonable delay; (2) violation of the APA, 5 U.S.C. § 706(2)—exceeds statutory authority; (3) violation of the APA, 5 U.S.C. § 706(2)—not in accordance with law; (4) violation of the APA, 5 U.S.C. § 706(2)—arbitrary and capricious; and (5) a writ of mandamus, 28 U.S.C. § 1361. Id. On November 3, 2023, the parties filed a joint motion to transfer venue to the United States District Court for the Central District of California, which the…