He v. U.S. Dept. of Homeland Security et al

Filing 25

Minute Entry for proceedings held before Judge Joan N. Ericksen: Governments Motion to Dismiss [#13]. It is ordered that the Defendant's motion to dismiss the Amended Complaint is granted for the reasons stated on the record. The parties agree that 8 U.S.C. § 1153h(1)(A) requires action within one year of an immigrant visa number becoming available to the alien's parent. Because the Amended Complaint does not assert any action in the relevant one-year period, the Court dismisses the Amended Complaint. No further order will be issued. (Court Reporter Maria Weinbeck) (slf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA

CIVIL MOTION HEARING
QingHua He,
Plaintiff,
v.
U.S. Department of Homeland Security et
al,
Defendant.

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COURT MINUTES
BEFORE: Joan N. Ericksen
U.S. Judge
Case No:
Date:
Deputy:
Court Reporter:
Courthouse:
Courtroom:
Time Commenced:
Time Concluded:
Time in Court:

11cv2161 (JNE/FLN)
April 19, 2012
Sheri L. Frette
Maria Weinbeck
Minneapolis
12W
2:30 p.m.
4:09 p.m.
1 Hours & 39 Minutes

Government’s Motion to Dismiss [#13]. It is ordered that the
Defendant's motion to dismiss the Amended Complaint is granted for the
reasons stated on the record. The parties agree that 8 U.S.C. § 1153h(1)(A)
requires action within one year of an immigrant visa number becoming
available to the alien's parent. Because the Amended Complaint does not assert
any action in the relevant one-year period, the Court dismisses the Amended
Complaint. No further order will be issued.

Hearing on:

APPEARANCES:
Plaintiff:
Defendant:

Delin Qu
Gisela A. Westwater

**IT IS ORDERED:
9 Sustained
9 Submitted
9 Brief time set:
9 Written order forthcoming.

9 Overruled

s/Sheri L. Frette
Calendar Clerk

M:\templates\cv-motion - Art III wpt

Form Modified: 11/29/11