Civil Action No. 09-1052 (JDB).
August 17, 2010
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.