Ortiz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARIO G. ORTIZ, an individual, Case No.: 22-CV-557 JLS (SBC)

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

ALEJANDRO N. MAYORKAS,

PLAINTIFF’S FIRST AMENDED

SECRETARY, U.S. DEPARTMENT

COMPLAINT

OF HOMELAND SECURITY,

in his official capacity; and (ECF No. 18) DOES 1 through 10, inclusive, 17 Defendants.

19 Presently before the Court is the Motion to Dismiss Plaintiff Mario G. Ortiz’s (“Plaintiff”) First Amended Complaint (“Mot.,” ECF No. 18) filed by Defendant Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security (“Defendant”). Plaintiff filed an Opposition thereto (“Opp’n,” ECF No. 20), and Defendant filed a Reply in support thereof (“Reply,” ECF No. 21). This Court took the Motion under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). See ECF No. 22. Having reviewed Plaintiff’s First Amended Complaint…