Ahmad v. Napolitano

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SHAMIM AHMAD,
Plaintiff,
v. Civil Action No. 09-1052 (JDB)
JANET A. NAPOLITANO, in her official
capacity as Secretary of U.S. Department
of Homeland Security, et al.,
Defendants.
ORDER
Plaintiff Shamim Ahmad filed this petition for writ of mandamus to compel defendants to
adjudicate his Form I-485 Application to Adjust Status, in which he sought to adjust his status
from asylee to permanent resident. See Petition for Writ of Mandamus ¶ 1. He brings two
causes of action based on agency action unreasonably delayed under the Administrative
Procedure Act and the Fifth Amendment. Id. ¶¶ 21-39.
Presently before the Court is defendant's motion to dismiss for mootness. Defendant
moves to dismiss this action as moot because the relief sought -- a decision on plaintiff's
application -- has been rendered. See Defs.' Mem. at 5; see also Defs.' Fifth Status Report, Ex. A
(U.S. Citizenship and Immigration Services ("CIS") Decision dated July 23, 2010). Where CIS
has denied an application for adjustment in status, a plaintiff's request that the Court order CIS to
process the application must be dismissed as moot. See Bouguettaya v. Chertoff, 472 F. Supp.
2d 1, 2 (D.D.C. 2007). Plaintiff does not dispute that CIS has acted on his application; indeed,
he has filed no response to defendant's motion. The record is clear that the relief sought by the
petition -- adjudication of his application -- has been provided, and that this case must be
dismissed as moot.
Accordingly, it is hereby
ORDERED that motion to dismiss is GRANTED and this action is DISMISSED AS
MOOT.
SO ORDERED.
/s/
JOHN D. BATES
United States District Judge
Date: August 17, 2010