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Pineda Suero v. U.S. Dep't of Homeland Security

Stowaway Was Ineligible for Admission, Adjustment of Status; No APA Claim Stated

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Jose Valentin Pineda Suero, Plaintiffv.U.S. Department of Homeland Security; Kevin K. McAleenan,* in his official capacity as Acting Secretary; U.S. Citizenship and Immigration Services; L. Francis Cissna, in his official capacity as Director; Thomas Cioppa, in his official capacity as Director of the New York District Office, Defendants

OPINION & ORDER Plaintiff Jose Valentin Pineda Suero (“Pineda”) brings this action against the U.S. Department of Homeland Security (“DHS”), DHS Acting Secretary Kevin K. McAleenan, U.S. Citizenship and Immigration Services (“USCIS”), and related officials (collectively “defendants”) seeking review, under the Administrative Procedures Act (“APA”), 5 U.S.C. §551, et seq., and the Mandamus Act, 28 U.S.C. §1361, of defendants’ denial of his Form I-485 application to register permanent residence or adjust his status. Pending now is defendants’ motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the Court grants the motion to dismiss.I. Background1A. FactsPineda is a citizen of the Dominican Republic residing in the Bronx, New York. Compl.

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