(PS) Alokozay v. Garland

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HUMAIRA ALOKOZAY, No. 2:24-cv-00084-DJC-CKD (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS;

ORDER

v.

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