Valeika

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 HECTOR OROZCO RIVERA, et al., Case No. 21-cv-04690-CRB

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

RICHARD VALEIKA, et al., Defendants.

Plaintiffs Hector Orozco Rivera (“Orozco”) and Barbara Membreño Cortes (“Membreño”) filed this action alleging that the United States Citizenship and Immigration Services’ (“USCIS”) denial of their adjustment of status applications was arbitrary and capricious in violation of the Administrative Procedure Act (“APA”). After the suit was filed, DHS initiated removal proceedings against Orozco. The Court holds that it lacks jurisdiction because DHS initiated removal proceedings. The Court GRANTS the motion to dismiss and denies leave to amend because the jurisdictional defect cannot be cured. I. BACKGROUND Orozco is a native and citizen of Mexico. Amend. Compl. (dkt. 4) ¶ 8. He resided in the United States from October 1989 to February 1998, and then reentered the country…