Opinion
Civil Action 23-1596
09-28-2023
SHAHID MAHMOOD, ASIF MAHMOOD, ANJUM SABA, ABDULLAH KHAN WARRIACH MAHMOOD, RABIA WARRIACH MAHMOOD, ALEENA WARRIACH MAHMOOD, SAMIULLAH WARRIAH MAHMOOD, ZAHID MAHMOOD MAHMOOD, NARGIS SHAHZADA MAHMOOD, SAAD MEHMOOD MAHMOOD, WAHAB AHMAD MAHMOOD, AYESHA ZAHID MAHMOOD, WALEED HASSAN MAHMOOD, SAMIA ASHRAF, MAHBOOB AHMED, SAFIULLAH MAHBOOB, UMME ROMAAN MAHBOOB, ANNA MAHBOOB v. ANTHONY BLINKEN, ALEJANDRO MAYORKAS, and JULIE STUFFT
ORDER
KEARNEY J.
AND NOW, this 28th day of September 2023, upon considering Defendants' Motion to dismiss (ECF No. 13), Plaintiffs' Response (ECF No. 16), Defendants' Reply (ECF No. 17), and for reasons in today's accompanying Memorandum, it is ORDERED Defendants' Motion (ECF No. 13) is GRANTED in part and DENIED in part requiring we:
1. Dismiss all claims against Director Ur. M. Jaddou for lack of standing with prejudice and amend the caption as above removing the Director from the case;
2. Dismiss claims based on unlawful agency action, challenges to the application of federal law, alleged Constitutional harm, and for mandamus; and,
3. Permit the parties to proceed into discovery on the claim of unreasonable delay under the Administrative Procedure Act requiring Secretary Blinken, Secretary Mayorkas, and Assistant Secretary Stufft answer the claim of unreasonable delay under the Administrative Procedure Act by no later than October 12, 2023.