UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SELVIN LEONARDY SOLIS MEZA, Plaintiff, v. KENNETH T. CUCCINELLI, SENIOR OFFICIAL PERFORMING THE DUTIES OF Civil Action No. 19-1322 (CKK) THE DIRECTOR, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, 1 Defendant. MEMORANDUM OPINION (February 7, 2020) Pending before the Court is Defendant’s Motion to Dismiss or, Alternatively, Motion to Transfer or, Alternatively, Motion for Summary Judgment, ECF No. 11. Defendant first moves to dismiss the Complaint, ECF No. 1, for lack of subject matter jurisdiction. Second, Defendant moves to transfer this case to the United States District Court for the Western District of North Carolina pursuant to 28 U.S.C. § 1404(a). Lastly, Defendant moves for summary judgment with respect to whether the actions of the agency at issue, the United States Citizenship and Immigration Services (“USCIS”), were arbitrary and capricious. Upon consideration of the briefing, 2 the 1 Pursuant to Federal Rule of Civil Procedure 25(d), Kenneth T. Cuccinelli is substituted as Defendant for former Director L. Francis Cissna. See Kenneth T. (Ken) Cuccinelli, Senior Official Performing the Duties of the Director, U.S. Citizenship and Immigration Services; Director (vacant), available at https://www.uscis.gov/about-us/leadership/kenneth-t-ken-cuccinelli-senior- official-performing-duties-director-us-citizenship-and-immigration-services-director-vacant (last accessed February 6, 2020). 2 The Court’s consideration has focused on the following: • Def.’s Mot. to Dismiss or, Alternatively, Mot. to Transfer or, Alternatively, Mot. for Summ. J. (“Def.’s Mot.”), ECF No. 11; • Resp. in Opp’n to Def.’s Mot. to Dismiss, Mot. to Transfer, and Mot. for Summ. J. (“Pl.’s Opp’n”), ECF No. 12; and 1 relevant legal authorities, and the record as relevant to this Motion, the Court GRANTS Defendant’s Motion on the basis that the court lacks subject matter jurisdiction over this case. The Court therefore DENIES AS MOOT Defendant’s alternative Motion to Transfer and Motion for Summary Judgment. I. BACKGROUND Plaintiff Selvin Leonardy Solis Meza is a citizen and national of Honduras who currently resides in Pineville, North Carolina. Compl. ¶ 1. He is married to a United States citizen and has two children who are also United States citizens. Id. He originally entered the United States in 2002 and was apprehended by immigration officials. Id. ¶¶ 8–9. According to Mr. Solis, the immigration officials chose to “parole” him into the United States. Id. ¶ 10. They served him with a notice to appear, which initiated removal proceedings. Id. ¶ 11. The notice to appear described Mr. Solis as an “arriving alien.” Id. Later, on January 26, 2018, Mr. Solis’s wife filed a Petition for an Alien Relative (Form I- 130) on Mr. Solis’s behalf. Id. ¶ 15. He contemporaneously filed an Application to Register Permanent Residence or Adjust Status (Form I-485, referred to here as “Adjustment Application”). Id. ¶ 16. After interviewing Mr. Solis and his wife, USCIS issued a notice of intent to deny his Application on the basis that Mr. Solis was not an arriving alien. Id. ¶ 19. Mr. Solis provided them with a copy of his notice to appear that indicated he was an arriving alien. Id. ¶ ...
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