Pham
Pham v. Jaddou
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 ANH PHAM, et al., Case No.: 23-cv-1058-W-KSC
Plaintiffs,
ORDER DENYING IN REMAINING
v. PART MOTION TO DISMISS [Doc. 13] UR JADDOU, Director, U.S. Citizenship and Immigration Services, 14 Defendant. 15 16 Congress has statutorily limited the number of U visas available in a fiscal year to 10,000. 8 U.S.C.§ 1184(p)(2)(A). After the exhaustion of those 10,000 U visas in a given fiscal year, USCIS is powerless to issue more. Id. Plaintiffs are petitioners for U visas who filed their petitions before June 30, 2017. (First Amended Complaint (“FAC”) [Doc. 7] at 3, 10, 13.) Plaintiffs alleged that Defendant, the Director of USCIS, violated the Administrative Procedure Act (“APA”) by unlawfully withholding or unreasonably delaying adjudication of Plaintiffs’ petitions. Plaintiffs’ FAC alleged two factual grounds supporting the alleged violation of law. First, Plaintiffs alleged that in fiscal year 2023, Defendant “skipped…