Sheikh

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION [5]

I. Introduction

Plaintiffs’ Complaint asks this Court to review the United States Customs and Immigration Service’s (“USCIS”) decision to deny the reinstatement of an 1-130 Immigrant Petition for Relative that was filed by Najma Sheikh, a United States lawful permanent resident, on behalf of her brother, Plaintiff Saaedahmed Rasheed Sheikh. The Petition was automatically revoked upon Najma Sheikh’s death. USCIS subsequently denied reinstatement of the Petition under 8 C.F.R. § 205.1 (a) (3) (i) (C), ultimately concluding that humanitarian grounds did not warrant reinstatement in Plaintiffs’ case. Plaintiffs contend that USCIS’s decision was an abuse of discretion.

The Department of Homeland Security and USCIS (collectively “Defendants”) bring this Motion to Dismiss, arguing that the Court lacks jurisdiction under the Administrative Procedures Act to review USCIS’s decision to deny the reinstatement of the 1-130 Petition.

II. Factual Background

Plaintiff Saaedahmed Sheikh is a non-United States citizen living in India. (Compl. ¶ 2.) Much of his immediate family-had immigrated to the United States over the…