Ahmed Hussain Shariff v. Alejandro Mayorkas

O

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

AHMED HUSSAIN SHARIFF, Case No. 8:23-cv-00624-JWH-KES

Plaintiff,

ORDER DENYING

v. DEFENDANTS’ MOTION TO DISMISS [ECF No. 21]

ALEJANDRO MAYORKAS,

UR JADDOU,

KATHY A. BARAN,

CALIFORNIA SERVICE CENTER,

and

MERRICK GARLAND,

Defendants.

I. SUMMARY OF DECISION

Before the Court in this immigration case is the motion of Defendants Alejandro Mayorkas, Ur Jaddou, Kathy A. Baran, California Service Center, and Merrick Garland to dismiss the Complaint filed by Plaintiff Ahmed Hussain Shariff for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure and for failure to state a claim under Rule 12(b)(6). With respect to the subject matter jurisdiction issue, in 2004 the Ninth Circuit concluded that “federal courts retain jurisdiction under [8 U.S.C.] § 1252 to decide any questions of law that may arise[.]” ANA Int’l, Inc. v. Way, 393 F.3d 886, 892 (9th Cir. 2004) (emphasis added). Other Circuit Courts, however, have concluded that, in nearly identical circumstances, a district court lacks subject matter jurisdiction. Defendants…