McAleenan

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

OLIMPIA VERA GOMEZ,

7 Case No. 19-cv-04199-JCS Plaintiff, 8 v. ORDER GRANTING MOTION TO 9 DISMISS AND DISMISSING ACTION KEVIN MCALEENAN, et al., WITHOUT PREJUDICE 10 Defendants. Re: Dkt. No. 16 11

12 13 I. INTRODUCTION 14 Plaintiff Olimpia Gomez is a national of Mexico who has lived in the United States since 15 1990. Her severely disabled son, who was twenty years old when this action was filed, is a United 16 States citizen. On April 15, 2019, Gomez filed an application seeking cancellation of removal 17 under 8 U.S.C. § 1229b(b) on the basis that her removal from the United States would result in 18 “exceptional and extremely unusual hardship” to her son, who is unable to care for himself. 19 Complaint ¶ 5. In a decision dated May 28, 2019, an immigration judge found that Gomez was 20 “statutorily eligible” for such relief when the application was filed but reserved decision because 21 the yearly cap that has been placed…