Molina Herrera v. Garland

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE HUBERTO MOLINA HERRERA, Case No. 21-cv-02369-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS

v. 9 Re: Dkt. No. 15 MERRICK B GARLAND, et al., Defendants.

12 Jose Huberto Molina Herrera brings claims for mandamus relief under the Administrative Procedure Act (“APA”) challenging the government’s denial of his application for adjustment of status.1 (Dkt. No. 1 at 1, 15.)2 Before the Court is Defendants’ motion to dismiss on the grounds that Plaintiff’s application for adjustment of status was denied as a matter of discretion and such determinations are exempt from judicial review. After careful consideration of the parties’ written submissions, and having had the benefit of oral argument on October 28, 2021, the Court GRANTS Defendants’ motion to dismiss for lack of subject matter jurisdiction. BACKGROUND Plaintiff, a citizen of Guatemala, entered the United States unlawfully in January 2002. (Dkt. No. 1-1 at 2, 8–9.) Plaintiff was arrested in 2007…