St. Pierre v. Nielsen

357 F. Supp. 3d 432
CourtDistrict Court, M.D. Pennsylvania
DecidedDecember 10, 2018
DocketNo. 1:17-cv-01344
StatusPublished

This text of 357 F. Supp. 3d 432 (St. Pierre v. Nielsen) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Pierre v. Nielsen, 357 F. Supp. 3d 432 (M.D. Pa. 2018).

Opinion

Yvette Kane, District Judge

Before the Court is Defendants Kirstjen Nielsen, Chad A. Readler, William C. Peachey, and Jeffrey S. Robins' (collectively referred to herein as "Defendants") motion to dismiss Plaintiff Frantzy St. Pierre's ("Plaintiff") amended complaint pursuant to *435Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 8.) For the reasons that follow, the Court will grant the motion.

I. BACKGROUND

A. Procedural Background

Plaintiff initiated the above-captioned action on July 31, 2017 by filing a complaint against Defendants pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 etseq., in connection with the United States Citizenship and Immigration Services' ("USCIS") denial of his I-485 application to adjust status. (Doc. No. 1.) On October 6, 2017, Defendants filed a motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. No. 8), along with a brief in support (Doc. No. 10). On November 2, 2017, noting that Plaintiff was required to file a brief in opposition to the motion on or before October 31, 2017 pursuant to Local Rule 7.6, the Court directed Plaintiff to show cause on or before November 8, 2017, why Defendants' motion should not be granted. (Doc. No. 12.) On November 7, 2017, Plaintiff filed both a brief in opposition to the motion to dismiss (Doc. No. 13), as well as a document containing Plaintiff's "response to the order to show cause and motion for leave to amend the complaint" (Doc. No. 14). Having been given leave to file an amended complaint on November 13, 2017 (Doc. No. 16), Plaintiff filed an amended complaint on November 17, 2017 (Doc. No. 17). After obtaining an extension of time "to file a consolidated reply and answer or response to" both Plaintiff's brief in opposition and amended complaint (Doc. Nos. 18, 19), Defendants filed a "reply in support of their motion to dismiss and opposition to the amended complaint" on December 15, 2017 (Doc. No. 20). Accordingly, although Plaintiff filed an amended complaint (Doc. No. 17), subsequent to Defendants' filing of a motion to dismiss (Doc. No. 8), due to the parties' respective filings, the Court considers Defendants' motion to dismiss (Doc. No. 8), in connection with Plaintiff's amended complaint (Doc. No.17).2

On July 2, 2018, after reviewing "the amended complaint, the parties' briefing, and the relevant authorities" and concluding that "disposition of Defendants' motion to dismiss [was] unwarranted because the record presently before the Court [was] insufficient so as to permit the Court to examine the propriety of USCIS' denial of Plaintiff's application to adjust status[,]" the Court ordered the parties to file supplemental briefing addressing certain issues identified by the Court in relation to the motion to dismiss, and directed the parties to submit "the full administrative record pertaining to Plaintiff's I-485 application to adjust status with USCIS." (Doc. No. 24). The parties having complied with the Court's directive (Doc. Nos. 25, 26, 27, 28), Defendants' motion is now ripe for disposition.

B. Factual Background3

1. Allegations in the Amended Complaint

Plaintiff is an adult Haitian citizen and national currently residing in Harrisburg, Pennsylvania. (Doc. No. 17 ¶ 6.) Defendants, all of whom are named in their *436official capacities, include the acting director of the Department of Homeland Security ("DHS") and various individuals employed by USCIS. (Id. ¶¶ 7-10.) Plaintiff's allegations stem from USCIS' January 28, 2016 denial of his I-485 application for adjustment of status to that of a permanent resident. (Id. ¶ 18.)

Plaintiff entered the United States through Miami, Florida in September of 2009 pursuant to a C1/D visa issued to him on July 27, 2009 (id. ¶¶ 11-12), which indicates that Plaintiff was employed as a janitor for a cruise line known as Celebrity Cruises (Doc. Nos. 10 at 2-3, 17-1 at 1).4 Having possessed a stamped I-94 arrival record, "Plaintiff has been continuously present in the United States since September 6, 2009." (Doc. No. 17-1.) In accordance with Section 244(b)(1) of the Immigration and Nationality Act ("INA"), Haiti has been designated for temporary protected status ("TPS") by DHS since January of 2010.5 (Id. ¶ 13.) Haiti's TPS designation has since "been extended several times, and has not lapsed since its original designation." (Id. ¶ 14.) Shortly after Haiti was originally designated for TPS, "Plaintiff registered for, and was granted, TPS," and he was re-granted TPS most recently on February 17, 2017. (Id. ¶ 15.) Accordingly, "Plaintiff's TPS has been continuously valid since July 22, 2011." (Id. )

In January of 2015, Plaintiff married Olguine St. Pierre, a United States citizen who subsequently "filed an I-130 Petition for Alien Relative" that was approved by USCIS.6 (Id. ¶ 16.) Accordingly, "an immigrant visa was immediately available to Plaintiff as the alien-spouse of a United States citizen," and because Plaintiff was already present in the United States at this time, "he filed an I-485 application to adjust status with USCIS" to that of a permanent resident on March 11, 2015.7 (Id. ¶ 17.) In November of 2015, Plaintiff was interviewed for purposes of determining his eligibility for adjustment of status. (Id. )

On January 28, 2016, USCIS informed Plaintiff that it was denying his I-485 application to adjust status on the *437basis that "Plaintiff's entry [into the United States] as an alien crewman barred his adjustment of status." (Id. ¶ 18.) Plaintiff moved for USCIS to "reconsider its decision and/or reopen the case to receive additional evidence," and USCIS denied this motion in a letter dated May 30, 2017.8 (Id. ¶ 19.) According to the complaint, Plaintiff is not a "crewman" for purposes of the INA, and he "has not served on board a vessel or aircraft since 2009."9 (Id. ¶ 20.)

The amended complaint sets forth one count against Defendants, alleging a violation of the APA, 5 U.S.C. §§ 701 etseq., on the following grounds:

First, Plaintiff has met all three of the substantive requirements for adjustment ...

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357 F. Supp. 3d 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-pierre-v-nielsen-pamd-2018.