Brady

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 OSCAR GUERRERO TRUCKING, INC. Case No.: 19cv2321-L-JLB et al.,

ORDER GRANTING MOTION TO

Plaintiffs, DISMISS v. 14 [ECF No. 5]

KERI BRADY, DIRECTOR OF THE

U.S. CUSTOMS AND BORDER

PROTECTIONS, et al., Defendants. 18 Pending before the Court is the Government’s Motion to Dismiss or for Summary Judgment. Plaintiffs filed an opposition and the Government replied. The motion is decided on the briefs without oral argument pursuant to Civil Local Rule 7.1(d)(1). For the reasons stated below, the motion is granted insofar as based on failure to state a claim and denied on all other grounds. Plaintiff Oscar Ariel Guerrero has been involved in the cross-border transportation business for over twenty years. (Civ. Compl. for Dec. and Injunct. Relief Under the Admin. Proced. Act, ECF No. 1 (“Compl.”) Ex. 1 (aff. of Oscar Ariel Guerrero / / / / / 28 (“Guerrero Aff.”)) ¶ 4.) He operates two transportation companies, Plaintiff…