Allen

Allen v. Garland

Good Law
United States District Court, Northern District of CaliforniaMarch 10, 20233:21-cv-09941California3,468 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NELLY ALLEN,

Case No. 21-cv-09941-JCS Plaintiff, 8 v. ORDER RE MOTION TO DISMISS 9 MERRICK GARLAND, et al., Re: Dkt. No. 37 10 Defendants.

I. INTRODUCTION Pro se Plaintiff Nelly Allen filed this action for writ of mandamus to compel United States Citizenship and Immigration Services (“USCIS”) to adjudicate her pending Form N-400 naturalization applications. She named the following individuals as Defendants: Attorney General Merrick Garland; Secretary of the Department of Homeland Security Alejandro Mayorkas; Acting Director of USCIS Tracy Renaud; and the director of USCIS’s San Francisco office, Robin Barrett. After Plaintiff filed her complaint, USCIS adjudicated and denied plaintiff’s two pending requests for naturalization on November 9, 2022. After USCIS’s decision, Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction on the ground that the case is moot. The matter is…

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