Asmai v. Johnson et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 9/5/2017 GRANTING 31 Motion to Dismiss; DISMISSING the 1 Petition for Writ of Mandamus as moot; DENYING the 32 Motion for Judgment insofar as it asks the Court to retain Jurisdiction. CASE CLOSED. (Michel, G.)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TIMORSHAH ASMAI,
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No. 2:14-cv-02619-TLN-AC
Plaintiff,
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS
v.
JEH JOHNSON, DEPARTMENT OF
HOMELAND SECURITY, et al.,
Defendant.
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This matter is before the Court on Defendants Jeh Johnson, Department of Homeland
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Security, Eric Holder, James Comey, Leon Rodriguez, and Mary-Carmen Jordan’s (collectively
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“Defendants”) Motion to Dismiss. (ECF No. 31.) Plaintiff filed a Motion for Judgment. (ECF
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No. 32.) Both parties oppose the other’s motion. (ECF Nos. 33 & 37.) For the reasons set forth
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below, the Court hereby GRANTS Defendants’ Motion to Dismiss.
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Plaintiff sought permanent residence through an application with Citizenship and
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Immigration Services (“CIS”). (ECF No. 1.) CIS refused to review the application and Plaintiff
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brought this suit for a Writ of Mandamus compelling CIS to review his application. (ECF No. 1.)
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On November 29, 2016, CIS approved Plaintiff’s application for lawful permanent residence.
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(ECF No. 31-1 at 1.) Defendants filed their motion to dismiss on February 6, 2017, arguing that
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the petition for writ of mandamus is moot. (ECF No. 31 at 2.) Plaintiff also filed his motion on
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February 6, 2017. (ECF No. 32.) Plaintiff acknowledges that CIS has approved his application
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and asks the Court to retain jurisdiction pending his filing and review of a naturalization
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application. (ECF No. 32 at 5.) Defendant contends there is no current case or controversy from
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which the Court can retain jurisdiction and Plaintiff has not amended his complaint to add claims
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of failure to review a naturalization application. (ECF No. 33 at 1–2.)
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The Constitution limits federal-court jurisdiction to the consideration of “cases” and
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“controversies.” U.S. Const. Art. III, § 2, cl. 1. “[F]ederal courts are without power to decide
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questions that cannot affect the rights of litigants in the case before them.” N.C. v. Rice, 404 U.S.
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244, 246 (1971) (citation omitted). The focus of a mootness inquiry “is whether there can be any
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effective relief.” Cantrell v. City of Long Beach, 241 F.3d 674, 678 (9th Cir. 2001) (citation
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omitted). Here, the Court cannot grant effective relief because CIS approved Plaintiff’s
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application for lawful permanent residence — the sole relief sought in the petition. (ECF No. 1 at
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5.) Accordingly, the petition is moot and should be dismissed.
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Plaintiff requests this Court retain jurisdiction because it fears CIS will reverse its decision
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regarding permanent residence or deny his application for U.S. citizenship. (ECF No. 37 at 2.)
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Courts may retain jurisdiction where federal statute does not afford the plaintiff the right to
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practical judicial review. McNary v. Haitian Refugee Center, Inc., 498 U.S. 479, 496–97 (1991).
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Here, as Defendants point out, federal statute affords Plaintiff the right to judicial review if CIS
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either revokes his status as a permanent resident or denies his application for citizenship. (ECF
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No. 33 at 2.) Accordingly, this Court cannot retain jurisdiction.
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For the reasons set forth above, Defendants’ Motion to Dismiss is hereby GRANTED and
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Plaintiff’s petition is dismissed as MOOT. Plaintiff’s motion for judgment is DENIED insofar as
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it asks the Court to retain jurisdiction. The Clerk of Court is directed to close the case.
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IT IS SO ORDERED.
Dated: September 5, 2017
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Troy L. Nunley
United States District Judge
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