Herguan University v. Immigration & Customs Enforcement

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITH PREJUDICE

Re: Dkt. No.

Plaintiff Herguan University (“Plaintiff’) brings the instant suit against Defendants Immigration and Customs Enforcement (“ICE”) and Student and Exchange Visitor Program (the “Exchange Program” or “SEVP”) (collectively, “Defendants”). Before the Court is Defendants’ Motion to Dismiss. ECF No. 39 (“Mot.”). Having considered the parties’ briefing, the relevant law, and the record- in this case, the Court GRANTS Defendants' Motion to Dismiss with prejudice.

I. BACKGROUND

This cáse involves an Administrative Procedure Act (“APA”) challenge to the Exchange Program’s decision to withdraw Plaintiffs certification- to enroll foreign nonimmigrant students. The APA claim specifically challenges the Exchange Program’s Appeals Team’s (“Appeals Team’s”) September 1, 2016 decision to affirm the Exchange Program’s withdrawal of certification. ECF No. 1-1 (“Appeals Team Decision”). Plaintiff also seeks a declaratory judgment that the Exchange Program’s decision was wrong. Finally, Plaintiff asserts that Defendants committed an equal protection violation. The facts set forth below are found in the-administrative…