Gomez v. U.S. Department of Homeland Security

Full title: JAVIER GOMEZ, LETICIA HERNANDEZ DE GOMEZ, Plaintiffs, v. U.S. DEPARTMENT…

Court: United States District Court, N.D. California

Date published: Jan 22, 2007

No. C 06-07221 EMC (N.D. Cal. Jan. 22, 2007)

Opinion

No. C 06-07221 EMC.

January 22, 2007

Robert B. Jobe (Cal. State Bar #133089), Chelsea E. HaleyNelson (Cal. State Bar #23813), LAW OFFICE OF ROBERT B. JOBE, San Francisco, CA, Attorneys for Plaintiffs.

MOTION FOR VOLUNTARY DISMISSAL AND [PROPOSED] ORDER

EDWARD CHEN, Magistrate Judge

Pursuant to Civil Local Rule 7, Plaintiffs Javier Gomez et al., through counsel, request that their mandamus complaint currently pending before the Court be dismissed without prejudice. Subsequent to the filing of this mandamus complaint, counsel for petitioners was informed that Ms. Hernandez de Gomez's applications for I-601 and I-212 waivers have been adjudicated. Therefore, Plaintiffs are no longer alleging that the U.S. Citizenship and Immigration Services is illegally delaying the adjudication of Ms. Hernandez de Gomez's waiver applications.

WHEREFORE, Plaintiffs pray that this Court allow them to voluntarily dismiss their mandamus complaint, without prejudice.

[PROPOSED] ORDER

IT IS HEREBY ORDERED that Plaintiffs' motion for dismissal of the action without prejudice be granted.