Dai

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HONGYU DAI, No. 2:23-cv-01402-DJC-AC Plaintiff, v. ORDER

UR M. JADDOU, Director, U.S. Citizenship and Immigration Services 15 Defendant. 16 Before the Court is Defendant’s Motion to Dismiss for Lack of Jurisdiction. For the reasons below, the Court agrees that Plaintiff’s claims are barred by 8 U.S.C. § 1252(b)(9) which precludes a federal district court from reviewing decisions related to immigration removal proceedings. Accordingly, Defendant’s Motion to Dismiss is GRANTED. I. Background Plaintiff Hongyu Dai is a Chinese national who has been residing in the United States as a Permanent Resident pursuant to an EB-5 visa. (First Am. Compl. (“FAC”) (ECF No. 13) ¶¶ 1, 9, 16–18). Consistent with the requirements of EB-5, two years after initial approval Plaintiff filed a Form I-829 with the United States Citizenship and Immigration Service (“USCIS”) to remove the conditions on his Permanent Resident status by…