Jae Moon Chung et al v. U S Citizenship and Immigration Services et al
Filing
15
MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford Dismissing Case for Lack of Subject Matter Jurisdiction. (See Order for details) Case Terminated. Made JS-6. (db)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
SACV 12-1351 AG (JPRx)
Title
JAE MOON CHUNG, et al. v. U.S. CITIZENSHIP AND IMMIGRATION
SERVICES, et al.
Present: The
Honorable
October 22, 2012
ANDREW J. GUILFORD
Lisa Bredahl
Deputy Clerk
Not Present
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Proceedings:
Date
Tape No.
Attorneys Present for Defendants:
[IN CHAMBERS] ORDER DISMISSING CASE FOR LACK
OF SUBJECT MATTER JURISDICTION
On December 6, 2010, the United States Citizenship and Immigration Services
(“USCIS”) denied Plaintiffs’ petition to remove conditions on their permanent resident
statuses. (Complaint, Dkt. No. 1, at 16.) Plaintiffs filed a Complaint with this Court on
August 21, 2012, alleging that Plaintiffs’ immigration petition was unlawfully denied by
USCIS. On August 29, 2012, the Court ordered Plaintiffs to demonstrate why this Court
would have jurisdiction over this case. (Order to Show Cause, Dkt. No. 5.) To support
jurisdiction, Plaintiffs argue, among other things, that Plaintiffs were unable to seek
redress as they were not yet subject to removal proceedings. (Id. at 2.) But removal
proceedings have since been initiated. (Defendant’s Brief in Response to Order to Show
Cause at 8.)
Because the removal proceedings pending in the Immigration Court, and the associated
appeal process, will provide appropriate review of USCIS’s decision, Plaintiffs have
failed to show cause why this Court has subject matter jurisdiction. Further, the Court
finds that the deficiencies of the complaint could not be cured by amendment. Thus, this
CIVIL MINUTES - GENERAL
Page 1 of 2
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
SACV 12-1351 AG (JPRx)
Date
October 22, 2012
Title
JAE MOON CHUNG, et al. v. U.S. CITIZENSHIP AND IMMIGRATION
SERVICES, et al.
case is DISMISSED with prejudice for lack of subject matter jurisdiction.
:
Initials of
Preparer
CIVIL MINUTES - GENERAL
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