Kerur

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 AKSHAY ASHOK KERUR, Case No. 23-cv-01305-VKD

9 Plaintiff,

ORDER GRANTING DEFENDANTS’

10 v. MOTION TO DISMISS

11 ALEJANDRO MAYORKAS, et al., Re: Dkt. No. 25 Defendants. 12

13 14 Plaintiff Akshay Ashok Kerur brings this action against defendants U.S. Citizenship and 15 Immigration Services (“USCIS”), U.S. Department of Homeland Security (“DHS”), DHS 16 Secretary Alejandro Mayorkas, USCIS Director Ur Mendoza Jaddou, USCIS San Jose Field 17 Office Director James Wyrough, and Attorney General Merrick Garland. Mr. Kerur challenges 18 USCIS’s denial of his application for adjustment of status. See Dkt. No. 16. He contends that the 19 agency’s denial of his application violated the Administrative Procedure Act (“APA”), 5 U.S.C. 20 § 706(2), and his rights under the due process clause of the Fifth Amendment. Id. ¶¶ 118-142. 21 Defendants move to dismiss the action for lack of subject matter jurisdiction. Dkt. No. 25. 22 …