Yocom

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 DAVID LEE YOCOM et al., Case No.: 3:22-cv-00839-BEN-BLM

ORDER GRANTING DEFENDANTS’

Plaintiffs,

MOTION TO DISMISS

v.

UNITED STATES CITIZENSHIP AND [ECF No. 4] IMMIGRATION SERVICES et al.,

Defendants.

17 I. INTRODUCTION Plaintiffs David Lee Yocom (“David”) and Duc Hua Yocom (“Duc”) (collectively, the “Yocoms”) filed suit against Defendants United States Citizenship and Immigration Services (“USCIS”), Madeline Kristoff in her official capacity as San Diego Field Office Director of USCIS, the Board of Immigration Appeals (“BIA”), and Merrick B. Garland (collectively, the “Government”). ECF No. 1. Before the Court is the Government’s Motion to Dismiss. The Motion was submitted on the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1) and Rule 78(b) of the Federal Rules of Civil Procedure. See ECF No. 9. After considering the papers submitted, supporting documentation, and applicable law, the Court GRANTS the Motion to…