Ramat

Ramat v. Nielsen

Good Law
317 F. Supp. 3d 1111
United States District Court, Southern District of CaliforniaJuly 6, 2018Case No.: 3:17-cv-02474-BEN-JLBCalifornia2,697 words

Opinion

Lead Opinion

ORDER GRANTING MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

Hon. Roger T. Benitez, United States District Judge *1113 Pending before the Court are Defendants' motion to dismiss Plaintiff's First Amended Complaint for lack of subject matter jurisdiction, 1 Plaintiff's motion for a preliminary injunction, Plaintiff's ex parte motion for a temporary restraining order, and Plaintiff's motion for leave to file a supplemental memorandum in support of his opposition to Defendant's motion to dismiss. (Docket Nos. 6, 8, 13, 15.) Because the Court finds it lacks subject matter jurisdiction over the action, Defendants' motion to dismiss is GRANTED , and Plaintiff's motions are DENIED as moot .

BACKGROUND & PROCEDURAL HISTORY

Also on October 26, 2015, Plaintiff filed a Form I-485 application for adjustment of status with the United States Citizenship and Immigration Service ("USCIS") under 8 U.S.C. § 1255 (a). On September 19, 2016, Plaintiff appeared for an interview with USCIS where he testified about his entrance to the United States. Regarding the passport and visa he presented, Plaintiff testified that his family had told him they had been lost.

On May 9, 2017, the…

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