Kornilova
Kornilova v. Henderson
Opinion
Trial Court Opinion
I. FACTUAL BACKGROUND
27 Henderson. Complaint ¶ 5.1. Defendant sponsored both Plaintiff and her mother as immigrants to the United States, and on October 22, 2018, Defendant signed a Form I-864 that listed Plaintiff as a beneficiary. Id. Plaintiff alleges that Defendant subsequently left Plaintiff and her mother “without means of subsistence.” Id. Plaintiff acknowledges that her mother raised this issue in Santa Clara County Superior Court, but states that “because Plaintiff is not Defendant’s biological daughter the Court dismissed that action for lack of jurisdiction. Id. ¶ 5.3. II. DISCUSSION A. Subject Matter Jurisdiction A sponsored immigrant to bring an “action to enforce an affidavit of support … against the sponsor in any appropriate court.” 28 U.S.C. § 1183a(e). Accordingly, this Court has jurisdiction to hear such a claim because it arises under the laws of the United States. See 28 U.S.C. § 1331; see also Courtade v. Pappalardo, No. 14-cv-01594-JCS, 2014 WL 6450040, at *4 (N.D. Cal. Nov. 14, 2014). 13 B. Failure to State a Claim 14 When signing the Form I-864 affidavit, the sponsor agrees to…