Han

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TAO HAN, Case No. 23-cv-06159-JSC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

TRACY TARANGO, et al., Re: Dkt. Nos. 24, 28 Defendants.

12 Tao Han (“Mr. Han”) alleges Defendants arbitrarily and unlawfully determined Mr. Han inadmissible for an H-1B visa pursuant to 8 U.S.C. §1182(a)(6)(C) and seeks to compel Defendants to withdraw the inadmissibility finding. (Dkt. No. 1 ¶¶ 3, 6.) Defendants’ motion to dismiss the complaint is now pending before the Court. (Dkt. No. 24.) After carefully considering the parties’ submissions and having had the benefit of oral argument on June 20, 2024, the Court GRANTS Defendants’ motion to dismiss. Mr. Han fails to state a claim upon which relief can be granted because the doctrine of consular nonreviewability bars his claims and as a nonresident alien the Fifth Amendment does not apply to him. BACKGROUND Mr. Han worked for Cadence Design…