Smith v. United States Immigration and Customs Enforcement

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALEXANDER SMITH, et al., Case No. 3:22-cv-07114-JSC

Plaintiffs,

DISMISSAL ORDER

v. 9 Re: Dkt. No. 20 UNITED STATES IMMIGRATION AND

CUSTOMS ENFORCEMENT,

11 Defendant.

12 Plaintiffs Alexander Smith and Kristine Elizalde Biales filed this action under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq., challenging a United States Citizenship and Immigration Services (“USCIS”) policy regarding processing of visa applications and the denial of Plaintiff Biales I-360 Petition for Widower application. On July 19, 2023, the Court adopted Chief Magistrate Judge Donna M. Ryu’s report and recommendation to dismiss Plaintiffs’ Amended Complaint in part. (Dkt. No. 19.) The Court dismissed claims one through four as to Plaintiff Smith and claims five through eleven as to both Plaintiff Smith and Plaintiff Biales for failure to state a claim with leave to amend. Plaintiffs were given until August 11, 2023, to file a second amended complaint or a statement indicating they only…