Westways Staffing Services, Inc. v. Alejandro Mayorkas
Opinion
Trial Court Opinion
I. Background
Plaintiffs filed a First Amended Complaint (“FAC”) on June 26, 2023. Dkt. 23. In the FAC, Plaintiffs alleged the claims now at issue, namely that USCIS’s decision to deny Okwaraji’s I-485 adjustment of status application was arbitrary and capricious. Defendant answered Plaintiffs’ Complaint on July 21, 2023, asserting defenses that
CIVIL MINUTES – GENERAL
Case No. 8:23-CV-00079-DOC-DFM Date: September 11, 2024
Page
Plaintiffs had failed to state a claim and that the Court lacks subject matter jurisdiction to review the present case. Dkt. 25. The parties submitted briefs based on the administrative record, in which Defendant again asserted the Court lacked subject matter jurisdiction to review the present case. Dkts. 31-34.
II. Legal Standard
A Rule 12(b)(1) motion to dismiss challenges a federal court’s jurisdiction over the subject matter of the plaintiff's complaint. A jurisdictional challenge under Rule 12(b)(1) may be made either on the face of the pleadings (a “facial attack”) or by presenting extrinsic evidence (a “factual attack”). Warren v. Fox Family Worldwide, Inc., 328 F.3d 1136, 1139 (9th Cir. 2003) (citing White v. Lee,…