Fang Yan v. Dir LA Asylum Ofc

O

2 3 4 5 6

United States District Court Central District of California

11 FANG YAN, Case № 2:22-cv-05846-ODW (MRWx)

Plaintiff,

ORDER GRANTING IN PART AND

v.

DENYING IN PART

14 DIRECTOR OF LOS ANGELES MOTION TO DISMISS [16]

ASYLUM OFFICE FOR THE UNITED

STATES CITIZENSHIP AND

IMMIGRATION SERVICES et al.,

Defendants.

18 I. INTRODUCTION Plaintiff Fang Yan brings this action to compel the United States Citizenship 21 and Immigration Services (“USCIS”) to adjudicate her application for asylum. 22 (Compl., ECF No. 1.) Defendants1 now move to dismiss the Complaint for lack of 23 subject matter jurisdiction and failure to state a claim under Federal Rules of Civil 24 Procedure (“Rule” or “Rules”) 12(b)(1) and 12(b)(6). (Mot. Dismiss FAC (“Motion” 25

1 Defendants consist of the Director of the Los Angeles Asylum Office for USCIS, the District 27 Director of the Los Angeles District of USCIS, USCIS, the Director of the National USCIS, the 28 Secretary of Homeland Security of the United States, and…