Francois v. Beers et al

Filing 32

ORDER denying 31 Motion for Reconsideration. See order for details. Signed by Senior Judge Paul G Rosenblatt on 5/12/2014.(LMR)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Sabina Carol Francois,

10
11
12

Plaintiff,
vs.
Jeh Johnson, et al.,

13

Defendants.

)
)
)
)
)
)
)
)
)

CV 13-01964 PHX PGR

ORDER

14
15

Before the Court is Plaintiff’s motion for reconsideration. (Doc. 31.) On April 22,

16

2014, the Court granted Defendants’ motion to dismiss and denied Plaintiff’s cross-motion

17

for summary judgment. (Doc. 29.) Pursuant to LRCiv. 7.2(g), Plaintiff asks the Court to

18

reconsider its order, asserting that the Court did not address her cause of action for

19

mandamus relief or her request for nunc pro tunc relief. (Doc. 31.)

20

Contrary to Plaintiff’s assertion, the Court addressed and denied her mandamus claim,

21

on the grounds that the Court did not have jurisdiction over the claim and that Plaintiff failed

22

to establish she was entitled to the “extraordinary remedy” of mandamus relief. (Doc. 29 at

23

7, 12.) With respect to Plaintiff’s request for nunc pro tunc relief, in which she seeks “a

24

judicial declaration that she is a lawful permanent resident,” the Court finds there have been

25

no agency errors that “deprived [Plaintiff] of the opportunity to seek a particular form of

26

deportation relief.” Edwards v. Immigration & Naturalization Serv., 393 F.3d 299, 309 (2d

27
28

Cir. 2004).

1

Accordingly,

2

IT IS ORDERED denying Plaintiff’s motion for reconsideration. (Doc.31.)

3

DATED this 12th day of May, 2014.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

- 2 -