Khan

DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT (Dlt. 49, filed December 7, 2015)

I. INTRODUCTION

On October 6, 2015, plaintiff filed the operative First Amended Complaint (“FAC”) in this action against defendants Jeh Johnson, in his capacity as the Secretary of the Department of Homeland Security, Leon Rodriguez, in his capacity as the Director of the United States Bureau of Citizenship and Immigration, and Susan Curda, in her capacity as the Director of the Los Angeles office of the United States Citizenship and Immigration Services (“USCIS”) (collectively, “defendants”). Dkt. 41.

Plaintiff fled Pakistan in 2001 out of fear of persecution for his involvement with a Pakistani political group the Muhajir Qau- *1201 mi Movement — Altai Faction (“MQM— A”). See Certified Administrative Record (“CAR”), at 442-43. Plaintiff applied for asylum in the United States and was, eventually, granted asylum in 2006. Id. at 56, 442-43. One year later, plaintiff applied with USCIS to adjust his citizenship status from asylee to permanent resident. Id. at 51-55. However, USCIS denied plaintiffs application. Id. at 1-4. Specifically, USCIS determined that the MQM — A was an “un-designated…