Alabrash v. United States Department of Homeland Security


UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MOHAMAD HAZEM ALABRASH, et al., Plaintiffs, v. Civil Case No. 22-1875 (CKK) UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. MEMORANDUM OPINION (November 15, 2022) Pending before the Court is Defendants’ [15] Motion to Transfer and Dismiss, in which Defendants seek to transfer this case to the United States District Court for the Eastern District of Texas and/or to dismiss this case under Federal Rules of Civil Procedure 12(b)(6) and 12(b)(3). Upon review of the pleadings,1 the relevant legal authorities, and the record as a whole, the Court will GRANT Defendants’ [15] Motion to Transfer and ORDER that this case be transferred to the U.S. District Court for the Eastern District of Texas. I. BACKGROUND Mohamed Hazem Alabrash (“Plaintiff”) and Ola Nona Alabrash reside in Plano, Texas. Defs.’ Mot. at 1. Plano is part of the Eastern District of Texas. Id. Plaintiff filed an 1-589 Application for Asylum and Withholding of Removal (“Asylum Application”) with Defendant U.S. Citizenship and Immigration Services on March 28, 2017. Compl. ¶ 2. The application was assigned to the USCIS Asylum Office in Houston, Texas. Pl.’s Opp’n at 1. Ola Nona Alabrash is 1 The Court’s consideration has focused on: Defendants’ Memorandum in Support of Motion to Transfer and Dismiss (“Defs.’ Mot.”), ECF No. 15; Plaintiff’s Opposition to Defendants’ Motion to Transfer and Dismiss (“Pl.’s Opp’n”), ECF No. 16; and Defendants’ Reply Memorandum in Support of Motion to Transfer and Dismiss (“Defs.’ Reply”), ECF No. 18. In an exercise of its discretion, the Court finds that holding oral argument in this action would not be of assistance in rendering a decision. See LCvR 7(f). 1 Mohamed Hazem Alabrash’s spouse and listed on his Asylum Application as a derivative applicant. Id. Plaintiff alleges that they had their biometric information collected by USCIS in April 2017 and have not since received any communications about when they would be scheduled for an interview. Id. ¶¶ 3–4. Plaintiff’s Asylum Application remains pending at the USCIS Houston Asylum Office. Id. ¶ 4. Plaintiff filed their Complaint in this action on June 29, 2022 against Defendants United States Department Of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS), DHS Secretary Alejandro Mayorkas, USCIS Director Ur Jaddou, FBI Director Christopher Wray, the Houston Asylum Office, and other USCIS officials for failure to adjudicate their Asylum Application. Compl. Id. ¶¶ 7–15. Plaintiff seeks a writ of mandamus or an order under the Administrative Procedure Act compelling Defendants to “complete administrative processing and schedule an interview for the pending Asylum application.” Id. ¶ 33. On September 6, 2022, Defendants filed the pending [15] Motion to Transfer and Dismiss. As for their Motion to Transfer, Defendants contend that the case lacks sufficient ties to this District and that the Eastern District of Texas is a more appropriate and convenient forum. See generally Defs.’ Mot. Defendant states that “[t]he lone Defendant that resides for official capacity purposes in the District of Columbia is the …

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