Opinion
03 Civ. 2228 (VM).
September 30, 2005
ORDER
Petitioner Rozeta Goxhabelli Huli ("Huli"), an asylee residing in the United States, brought this action by Petition for a Writ of Mandamus (the "Petition") to set aside Respondent's denial of Huli's Refugee Asylee Relative Petition seeking derivative asylee status for her husband, Hartin Huli, and ordering Respondent to grant Huli's Rufugee Asylee Relative Petition. Respondent Terry E. Way, District Director of the Nebraska Service Center, Bureau of Citizenship and Immigration Services (formerly known as the Immigration and Naturalization Service), cross-moves to dismiss the Petition for lack of subject matter jurisdiction, or in the alternative, for a grant of summary judgment. Huli did not file any submissions in response to Respondent's motion to dismiss the Petition.
Respondent's cross-motion to dismiss the Petition for lack of subject matter jurisdiction is granted. The Court's findings, reasoning, and conclusions pertaining to this ruling will be further elaborated in a subsequent opinion.
Accordingly, it is hereby
ORDERED that the Cross-Motion to Dismiss the Petition for Writ of Mandamus or, in the Alternative, For Summary Judgment (Docket No. 13), of Respondent Terry E. Way, District Director of the Nebraska Service Center, Bureau of Citizenship and Immigration Services, formerly the Immigration and Naturalization Service, is GRANTED in its entirety.
The Clerk of the Court is directed to close this case and remove any pending motions from the Court's database.
SO ORDERED.