Opinion
6:24-cv-142-JSS-EJK
08-06-2024
CHENG JUAN QIU, Plaintiff, v. SECRETARY, DEPARTMENT OF HOMELAND SECURITY, DIRECTOR, FLORIDA-ORLANDO FIELD OFFICE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, and DEPUTY DIRECTOR, FLORIDA-ORLANDO FIELD OFFICE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, Defendants.
ORDER
JULIE S. SNEED UNITED STATES DISTRICT JUDGE
On January 29, 2024, Plaintiff Cheng Juan Qiu, a Chinese citizen proceeding pro se, filed a Petition for Writ of Mandamus claiming that the immigration-official Defendants unreasonably delayed in adjudicating Plaintiff's application for provisional unlawful presence waiver. (Dkt. 1.) On April 29, 2024, Defendants filed a motion to dismiss the petition for lack of subject-matter jurisdiction. (Dkt. 9.) See 8 U.S.C. § 1182(a)(9)(B)(v) (“No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.”).
Plaintiff had twenty-one days to respond to Defendants' motion. See M.D. Fla. Loc. R. 3.01(c). Plaintiff did not respond within twenty-one days. On May 29, 2024, the court warned Plaintiff that the “[f]ailure to file a response to [the] [m]otion within [fourteen] days . . . w[ould] result in the court treating the [m]otion as unopposed.” (Dkt. 13.) To date, Plaintiff has not filed a response to the motion, so the court treats the motion as unopposed. See M.D. Fla. Loc. R. 3.01(c) (“If a party fails to timely respond, the motion is subject to treatment as unopposed.”).
Accordingly:
1. The unopposed motion to dismiss (Dkt. 9) is GRANTED.
2. The petition (Dkt. 1) is DISMISSED for the reasons stated in the motion.
3. The Clerk of the Court is DIRECTED to terminate any pending motions and deadlines and to close this case.
ORDERED.