Chheng
Chheng v. U.S. Dept. of Homeland Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 NIMUL CHHENG, et al., Case No. 21-cv-03223-JSC
Plaintiffs,
ORDER RE: DEFENDANT’S MOTION
v. TO DISMISS
U.S. DEPT. OF HOMELAND SECURITY, Re: Dkt. No. 20 Defendant.
13 Nhep Chheng, a naturalized U.S. citizen, and his son Nimul Chheng, a Cambodian citizen, who are proceeding without counsel, bring this action under the Administrative Procedures Act, 5 U.S.C. § 702 et. seq. challenging the Department of Homeland Security Administrative Appeals Office’s denial of Nimul Chheng’s visa. A Department of State consular officer in Cambodia twice denied Nimul’s visa application and the Department of Homeland Security Administrative Appeals Office’s subsequently denied Nimul’s Form I-601 Application of Waiver for Grounds of Inadmissibility. Defendant now moves to dismiss Plaintiffs’ action based on the doctrine of consular nonreviewability and for failure to state a claim. (Dkt. No. 20.2) Having considered the parties’ briefs and the relevant…