Nazareno

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ERICSON OLFATO NAZARENO, Case No. 21-cv-00326-DMR

Plaintiff, ORDER ON DEFENDANTS' MOTION v. TO DISMISS

UR JADDOU, Re: Dkt. No. 35 Defendant.

Plaintiff Ericson Olfato Nazareno filed this action under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq. seeking to reverse the decision by the United States Citizenship and Immigration Services (“USCIS”) denying his Form I-485 request to adjust his immigration status. Defendant Ur Jaddou, Director of USCIS, now moves pursuant to Federal Rule of Civil Procedure 12(b)(1) to dismiss the first amended complaint for lack of subject matter jurisdiction.1 [Docket No. 35.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is granted. I. BACKGROUND Nazareno was born in the Philippines in 1970. [Docket No. 27 (Am. Compl.) ¶ 29.] He has resided in the United States since December…