Dai

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HONGYU DAI, No. 2:23-cv-01402-DJC-AC 12 Plaintiff, 13 v. ORDER

14 UR M. JADDOU, Director, U.S. Citizenship and Immigration Services 15 Defendant. 16 17 Before the Court is Defendant’s Motion to Dismiss for Lack of Jurisdiction. For 18 the reasons below, the Court agrees that Plaintiff’s claims are barred by 8 U.S.C. 19 § 1252(b)(9) which precludes a federal district court from reviewing decisions related 20 to immigration removal proceedings. Accordingly, Defendant’s Motion to Dismiss is 21 GRANTED. 22 I. Background 23 Plaintiff Hongyu Dai is a Chinese national who has been residing in the United 24 States as a Permanent Resident pursuant to an EB-5 visa. (First Am. Compl. (“FAC”) 25 (ECF No. 13) ¶¶ 1, 9, 16–18). Consistent with the requirements of EB-5, two years after 26 initial approval Plaintiff filed a Form I-829 with the United States Citizenship and 27 Immigration Service (“USCIS”) to remove the conditions on his Permanent Resident 28 status by…