Mohsenzadeh

ORDER GRANTING DEFENDANTS’ MOTION TO DISIMISS

Pending before the Court is Defendants’ motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), or alternatively for summary judgment under Rule 56. Plaintiff filed an opposition. Defendants did not reply. The matter is submitted on the briefs without oral argument. See Civ. L. R. 7.1(d)(1). For the reasons stated below, Defendants’, motion to dismiss is granted for lack of subject matter jurisdiction. This action is dismissed without prejudice.

I. Background

Plaintiff Zafar Mohsenzadeh is an Iranian national who was granted asylum in the United States in or around 1995. On February 25, 2012, he filed an application' form 1-485 for adjustment of status to permanent residence. (Compl. at 3.) The United States Citizenship and Immigration Services (“CIS”) confirmed receipt of the application, Plaintiff attended the Biometrics and INFOPASS appointments, and made status inquiries. (Id at 3-4 & Ex. 1.) So far, his application has not been adjudicated.

It is undisputed that Plaintiffs application is on hold because he was found inadmissible under 8 U.S.C. § 1182 (a)(3)(B) due to his support of a Tier III…