UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAFIAK MOHAMED ALGZALY, et al., Case No. 20-cv-03322-JCS
Plaintiffs, ORDER REGARDING MOTION TO
DISMISS AND MOTION FOR LEAVE
v. TO AMEND
MICHAEL R. POMPEO, et al., Re: Dkt. Nos. 18, 26 Defendants.
I. INTRODUCTION Plaintiff Rafiak Mohamed Algzaly is a naturalized American citizen who sponsored his sons, Plaintiffs Hani Rafeq Mohammed Alghazali and Gubran Rafeq Mohammed Alghazali, for immigration visas. Hani and Gubran’s1 applications were denied, purportedly based on consular officials’ determinations that Hani and Gubran used khat (a stimulant), that they misrepresented medical information, and that Gubran practiced polygamy. Plaintiffs—Rafiak, Hani, Gubran, and several other members of their family, some of whom also sought visas through Hani and Gubran’s applications—assert claims for violation of the Immigration and Nationality Act (“INA”), the Administrative Procedures Act (“APA”), and their due process rights under the Fifth…