Plascencia-De Haro v. Lynch

ORDER GRANTING MOTION TO DISMISS FIRST CAUSE OF ACTION

Re: Dkt. No.

Before the Court is Defendants’ motion to dismiss the first cause of action in the First Amended Complaint (“FAC”) for lack of jurisdiction. Dkt. No. 22 (“Mot.”). 1 *944 Plaintiff Gloria Plascencia-De Haro (“Plas-cencia”) opposed that motion, Dkt. No. 23 (“Opp.”) and Defendants filed a reply, Dkt. No. 24 (“Reply”). The Court held oral argument on the motion on September 3, 2015. After careful consideration of the arguments made by the parties in their briefs and at oral argument, the Court reluctantly GRANTS Defendants’ motion to dismiss for lack of jurisdiction.

I. BACKGROUND

Plascencia is a Mexican citizen who entered the United States in 1990 without inspection by an immigration officer. On March 18, 1994, Plascencia was the subject of a voluntary departure order, which required her to depart the United States on or before September 18, 1994. The voluntary departure order provided that if Plas-cencia failed to depart by that date, a deportation order would automatically come into effect.

The parties dispute whether Plascencia departed the United States in compliance with the 1994 order. Plascencia…