Velazquez
Velazquez v. Demore
Opinion
Lead Opinion
MEMORANDUM **
Emilia Navarro de Velazquez and her four adult children appeal pro se the district court’s dismissal of their Freedom of Information Act (“FOIA”) action and their related action alleging that defendants improperly handled the Immigration and Naturalization Service (“INS”) file of Jacinto Velazquez, the husband of Emilia Navarro de Velazquez and father of the other appellants. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Fed.R.Civ.P. 12(b)(1) or 12(b)(6), Arrington v. Wong, 237 F.3d 1066, 1069 (9th Cir.2001), and we affirm.
Because appellants received all of the documents that they sought from the INS shortly after they filed suit, the district court correctly determined that their FOIA action was moot. See Carter v. Veterans Admin., 780 F.2d 1479, 1481 (9th Cir.1986).
The district court also properly dismissed on the basis of res judicata appellants’ action alleging that the INS mishandled the file of Jacinto Velazquez and wrongfully denied them lawful permanent resident status. These claims had previously been adjudicated against appellants in two prior cases. See Clark v. Bear Stearns & Co., 966 F.2d 1318, 1320 (9th Cir.1992)…