Li

Jing Li v. Chertoff

Good Law
482 F. Supp. 2d 1172·2007 U.S. Dist. LEXIS 29776
United States District Court, Southern District of CaliforniaApril 2, 20073:06-cv-02625California3,194 words

Opinion

Opinion

Huff, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

On November 29, 2006, pro se plaintiff Jing Li (“Plaintiff’) filed a complaint seeking to have defendants Michael Chertoff, Secretary of the Department of Homeland Security (“DHS”), Emilio Gonzalez, Director of United States Citizen and Immigration Services (“USCIS”), and Robert Muller, Director of the Federal Bureau of Investigation (“FBI”) (collectively “Defendants”) properly adjudicate Plaintiffs I-485 application to register permanent residence or adjust status. (Doc. No. 1.) On February 2, 2007, Defendants filed a motion to dismiss. (Doc. No. 6.) On March 16, 2007, Plaintiff filed an opposition. (Doc. No. 8.) On March 26, 2007, Defendants filed a reply. (Doc. No. 9.)

The Court exercises its discretion to decide this matter on the papers, without oral argument, pursuant to Local Civil Rule 7.1(d)(1). For the following reasons, the Court GRANTS WITHOUT PREJUDICE Defendants’ motion to dismiss.

Background

On July 3, 2003, Plaintiff filed an N185 application to register permanent residence or adjust status with USCIS. (Comply 9.) On August 19, 2004, Plaintiff submitted her fingerprints to USCIS. {Id. ¶ 10.) On October 15, 2005,…

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