Gaspar

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BERNARDINO VASQUEZ GASPAR, Case No.: 3:23-cv-1145-W-KSC

Plaintiff,

ORDER DENYING IN PART AND

v. GRANTING IN PART MOTION TO

DISMISS AND GRANTING LEAVE

ALEJANDRO MAYORKAS, Secretary,

TO AMEND COMPLAINT AS TO

Department of Homeland Security, et al, FIRST CAUSE OF ACTION [Doc. 4] Defendants. 16 17 Pending before the Court is Defendants’ motion to dismiss Plaintiff’s Complaint for lack of subject matter jurisdiction or failure to state a claim. (Doc. 4.) On September 7, 2023, Plaintiff opposed the motion. (Doc. 5.) On October 6, 2023, Defendants replied in support. (Doc. 6.) The Court decides the matter on the papers submitted and without oral argument. See Civ.L.R. 7.1(d.1). For the following reasons, the Court DENIES the motion to dismiss for lack of subject matter jurisdiction, GRANTS the motion to dismiss for failure to state a claim, and GRANTS Plaintiff leave to amend his first cause…