Opinion
Civil Action No. 1:10-cv-01979-AP.
July 27, 2011
ORDER
This matter is currently before me on Plaintiffs' Motion for Leave to Amend Complaint by Adding Janet Napolitano as a Defendant (doc. 47). Pursuant to Fed.R.Civ.P. 21, I "may at any time, on just terms, add or drop a party." As the Tenth Circuit has held, "The grant or denial of a motion to bring in or drop a party lies in the discretion of the judge. . . . The trial court's exercise of discretion will not be disturbed on appeal unless an abuse of discretion is shown." K-B Trucking Co. v. Riss Int'l Corp., 763 F.2d 1148, 1153 (10th Cir. 1985).
Because the decisions at issue in this case could be used by Immigration and Customs Enforcement ("ICE"), a proxy of Secretary of Homeland Security Napolitano, in ongoing removal proceedings against Plaintiff Ballouchy, I think it proper to allow the addition of Secretary Napolitano as a Defendant in this case. I also note that, if successful in their challenge, Plaintiffs will be entitled to relief implicating the authority of ICE and Secretary Napolitano. Accordingly, Plaintiff-Petitioner's motion is GRANTED. Plaintiff-Petitioner's complaint shall be amended to add Janet Napolitano, Secretary of the Department of Homeland Security, as a Defendant in this case.