Toor et al v. Clinton et al

Filing 27

ORDER GRANTING Respondents' Motion to Dismiss, DENYING Petitioners' Motion for Temporary Restrainging Order/Preliminary Injunction and Directing Clerk to Enter Judgment and Close Case signed by Judge Oliver W. Wanger on 9/8/2009. CASE CLOSED (Figueroa, O)

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioners' challenge to the U.S. Embassy's decision to return Petitioner Gill's case to the Department of State's National Visa Center for review is DISMISSED WITHOUT LEAVE TO AMEND. 25, filed June 4, 2009.) (Doc. 1:09-CV-F-279-OWW-GSA HARINDER TOOR & KAMALJOT GILL, Petitioners, v. HILLARY RODHAM CLINTON, Secretary of State, et al. Respondents. ORDER GRANTING RESPONDENTS' MOTION TO DISMISS, DENYING PETITIONERS' MOTION FOR TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUNCTION AND DIRECTING CLERK TO ENTER JUDGMENT AND CLOSE CASE.

22 C.F.R. 41.82(e), the controlling

statue, does not mandate that the visa petition remain at the local embassy during the reconsideration process, nor does it forbid the local consular official to consult with the Department of State. In light of this dismissal, Petitioners' motion for a

temporary restraining order and preliminary injunction is also DENIED. Petitioners have neither a probability of success nor a

fair chance of success on their claim. 1

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The Clerk of Court is directed to enter Judgment in favor of Respondents and against Petitioners and to close the case.

IT IS SO ORDERED. Dated: aa70i8 September 8, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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