(PS) Alokozay v. Garland

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HUMAIRA ALOKOZAY, No. 2:24-cv-00084-DJC-CKD (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS;

ORDER

13 v.

14 MERRICK B. GARLAND, et al., 15 Defendants. 16 17 On January 8, 2024, plaintiff filed this action with the court pursuant to the Mandamus 18 Act, 28 U.S.C. § 1361; the Administrative Procedure Act (“APA”), 5 U.S.C. § 706; and the 19 Declaratory Judgment Act, 28 U.S.C. § 2201. (See generally, ECF No. 1.) Plaintiff asks the 20 court to compel the U.S. Citizenship and Immigration Services (USCIS) to adjudicate plaintiff’s 21 applications for humanitarian parole for three of her family members. (ECF No. 1 at ¶¶ 16, 29.) 22 Defendants have moved to dismiss this action under Federal Rule of Civil Procedure 12(b)(1). 23 (ECF No. 7.) Defendants argue that plaintiff’s action is moot and that her claims do not fall 24 within any of the exceptions to mootness doctrine. (Id.) Plaintiff has not filed any opposition to 25 defendants’ motion, and therefore it is deemed…