Opinion
8:20-01609-JWH-ADSx
07-06-2022
GORKEM SOMAYSOY, Plaintiff, v. ALANNA OW, Dir. USCIS; TERRI A. ROBINSON, Dir. USCIS; CHAD WOLF, Act. Sec., DHS; WILLIAM BARR, A.G.; and KENNETH CUCCINELLI, USCIS, Defendants.
JUDGMENT
JOHN W. HOLCOMB, UNITED STATES DISTRICT JUDGE
Pursuant to the “Order (1) Granting In Part and Denying In Part Plaintiff's Motion for Summary Judgment [ECF No. 27] and (2) Granting In Part and Denying In Part Defendants' Motion for Summary Judgment [ECF No. 29],” and in accordance with Rules 56 and 58 of the Federal Rules of Civil Procedure, It is hereby ORDERED, ADJUDGED, and DECREED as follows:
1. This Court possesses subject matter jurisdiction over the above-captioned action pursuant to 28 U.S.C. § 1331.
2. The operative pleading of Plaintiff Gorkem Somaysoy is his “Complaint for Declaratory and Injunctive Relief” [ECF No. 1] (the “Complaint”). In his Complaint, Somaysoy asserts the following claims for relief: (1) violation of the Administrative Procedure Act (the “APA”), 5 U.S.C. §§ 701 et seq.; (2) violation of 5 U.S.C. §§ 553 et seq.; and (3) violation of the APA § 705.
3. On Somaysoy's first claim for relief for violation of the APA, Somaysoy shall have JUDGMENT in his favor and against Defendants Alanna Ow, Director of USCIS; Terri Robinson, Director of the USCIS; Chad Wolf, Acting Secretary of the Department of Homeland Security; William Barr, Attorney General; and Kenneth Cuccinelli of the USCIS (collectively, “Defendants”). The Court sets aside the decision of the United States Citizenship and Immigration Services dated July 10, 2019, denying Somaysoy's I-485 Application, as a violation of the APA.
4. On Somaysoy's second claim for relief for violation of 5 U.S.C. §§ 553 et seq., Defendants shall have JUDGMENT in their favor and against Somaysoy. Somaysoy shall take nothing by way of his second claim for relief for violation of 5 U.S.C. §§ 553 et seq.
5. Somaysoy's third claim for relief for violation of APA § 705 is DISMISSED as moot.
6. Other than potential post-judgment remedies (including those provided in Rule 54(d) of the Federal Rules of Civil Procedure), to the extent that any party requests any other form of relief, such request is DENIED.
IT IS SO ORDERED.