Nguyen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 TRUC NGUYEN, et al., Case No. 20-cv-00976-VKD

Plaintiffs, ORDER GRANTING DEFENDANTS' v. MOTION FOR SUMMARY

JUDGMENT

11 ALEJANDRO MAYORKAS, et al.1, Re: Dkt. No. 15 Defendants.

13 Plaintiff Truc Nguyen is a United States citizen who filed, but subsequently withdrew, a Form I-130 petition to have plaintiff Tuan Vo, a citizen of Vietnam, classified as her spouse. She later attempted (unsuccessfully) to retract the withdrawal. In view of the withdrawal, Mr. Vo’s then-pending I-485 application for lawful permanent resident status was denied. Claiming that Ms. Nguyen’s withdrawal of the I-130 petition was coerced by an immigration officer and made under duress, plaintiffs filed this action challenging a decision by the U.S. Citizenship and Immigration Service (“USCIS”) in which USCIS acknowledged Ms. Nguyen’s withdrawal of her I-130 petition and stated that such withdrawals cannot be retracted. …