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Keywords

plaintiffdefendantjurisdictionmotiondue processjudicial reviewmotion to dismiss

plaintiffdefendantjurisdictionpleamotioncitizenshipmotion to dismiss

Related Cases

Siddiqui v. Cissna

Facts

The plaintiffs, Dr. Bilal and Ms. Bushra Siddiqui, are green-card holders from Pakistan with three U.S. citizen children. They alleged that their applications for permanent residency were improperly denied by USCIS under the Controlled Application Review and Resolution Program (CARRP), which they claimed violates the Immigration and Nationality Act, the Administrative Procedure Act, and their due process rights under the Fifth Amendment. The plaintiffs argued that CARRP effectively barred their applications due to a designation as a 'national security concern.'

The Plaintiffs allege that their Forms I-485, Applications to Register Permanent Residence or Adjust Status (the 'Adjustment Applications'), were improperly denied by the United States Citizenship and Immigration Service ('USCIS') pursuant to a policy known as the Controlled Application Review and Resolution Program ('CARRP').

Issue

The main legal issue was whether the court had subject matter jurisdiction to review the plaintiffs' claims regarding the denial of their Adjustment Applications under the CARRP policy.

The Defendants now move to dismiss the case on the ground that the Court lacks subject matter jurisdiction.

Rule

The court applied the legal principle that challenges to the procedures used by USCIS in denying applications can be reviewed, even if the underlying decisions are discretionary and generally not subject to judicial review under 8 U.S.C. 1252(a)(2)(B).

When reviewing a motion to dismiss brought under Rule 12(b)(1), the court 'must accept as true all well-pleaded factual allegations, and draw reasonable inferences in favor of the plaintiff.'

Analysis

The court analyzed the defendants' arguments regarding jurisdiction and found that the plaintiffs were not merely challenging the denial of their applications but were contesting the legality of the CARRP policy itself. The court noted that the plaintiffs had sufficiently alleged that the application of CARRP to their cases was improper and that their claims were collateral to the administrative review process, thus allowing for judicial review.

The Court agrees, and considering that the presumption of regularity would cut both ways in the case, declines to apply it determining this motion to dismiss.

Conclusion

The court denied the defendants' motion to dismiss, affirming its jurisdiction to hear the plaintiffs' claims regarding the procedures used by USCIS in applying the CARRP policy.

Accordingly, the Court finds that the Plaintiffs have satisfied the pleading standard established in Twombly.

Who won?

The plaintiffs prevailed in this motion to dismiss because the court found that their claims regarding the procedures used by USCIS were valid and subject to judicial review.

The Court finds that the Plaintiffs have satisfied the pleading standard established in Twombly.

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