Zhang et al v. Mayorkas et al

Filing 8

ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Maria-Elena James on 6/16/2015. (cdnS, COURT STAFF) (Filed on 6/16/2015)

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Chung N. Phang
Law Offices of Chung N. Phang
300 Frank H. Ogawa Plaza, Suite 209
Oakland, CA 94612
Tel: [phone]
Fax: [phone]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
D IS T IC T O
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SAN FRANCISCO DIVISION
Zhang Lixia (A089-703-900)
Zhang Zhi-Hao (089-298-243)

)
) Case No. 3:15-cv-01432-MEJ
)
Plaintiffs,
)
)
MOTION TO
v.
)
DISMISS
)
COMPLAINT
)
Alejando Mayorkas, in his official
)
IMMIGRATION
capacity, as Director of
)
MANDAMUS
U.S. Citizenship and Immmigration
)
CASE
Services, U.S. Dept. of Homeland Security;
)
Jeh Johnson, in his official capacity,
)
Secretary, U.S. Dept. of Homeland Security;
)
Eric Holder, Jr, in his official capacity,
)
Attorney General, U.S. Dept. of Justice;
)
Robin Barrett, in her official
)
capacity, Field Office Director, USCIS
)
San Francisco Field Office, and Emilia Bardini, in )
her capacity as Director of the Asylum Office,
)
San Francisco
)
)
Defendants
)
_________________________________________ )

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COME NOW Zhang, Lixia, (Madam Zhang) and Zhang, Zhi Hao (Mr. Zhang), mother
and son, Plaintiffs in the above-styled and numbered case.
1. This is a civil action brought pursuant to 28 U.S.C. §1331 and 28 U.S.C. §1361 to
redress the deprivation of rights, privileges and immunities secured to Plaintiffs to
compel Defendants to perform a duty Defendants owe to Plaintiffs.
2. This action is brought against the Defendants to compel the adjudication of Plaintiffs’
pending applications for adjustment of status.
3. Because Defendants have adjudicated said applications and provided evidence thereof,
Plaintiffs respectfully move to dismiss their complaint.
PRAYER
4. WHEREFORE, in view of the actions taken by Defendants, Plaintiff respectfully prays
that the Court enter an order dismissing their complaint.

Respectfully submitted,

__/s/ Chung N. Phang________
Chung N. Phang, Esq.

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CERTIFICATE OF SERVICE

On 6/15/15, I, Chung N. Phang_____________, the undersigned, served the within:
Motion to Withdraw Complaint Immigration Mandamus Case
on each person/entity listed below addressed, by certified mail, as follows:
Alejandro Mayorkas
Director, USCIS
Office of the General Counsel
US Dept. of Homeland Security
Washington, DC 20528
Jeh Johnson, Secretary
U.S. Dept. of Homeland Security
Office of the General Counsel
US Dept. of Homeland Security
Washington, DC 20528
Emilia Bardini
Director
San Francisco Asylum Office
P.O. Box 77530
San Francisco, CA 94107

Eric H. Holder, Jr.
Attorney General
US Dept. of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Robin Barrett
Field Office Director - USCIS
650 Capitol Mall, Rm 2-220
Sacramento, CA 95814
United States Attorney
Northern District of California
450 Golden Gate Ave.
San Francisco, CA 94102

I declare under penalty of perjury that the foregoing is true and correct.
Executed on 6/15/15, at Oakland, CA.

/s/ Chung N. Phang_______________
Chung N. Phang, Esq.
Law Offices of Chung N. Phang

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