Free MEMORANDUM in Support - District Court of Delaware - Delaware

Case 1:07-cv-00120-GMS-MPT

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Abdul Majid CHAUDHRY Plaintiff, v. MICHAEL CHERTOFF, et al. Defendants. : : : : : : : : :

C.A. No. 07-120-***

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' AMENDED MOTION TO DISMISS

COLM F. CONNOLLY United States Attorney By: Seth M. Beausang (I.D. No. #4071) Assistant United States Attorney 1007 N. Orange Street, Suite 700 Wilmington, Delaware 19801 (302) 573-6277

Dated: September 12, 2007.

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1.

On February 27, 2007, Plaintiff filed the present action seeking a writ of

mandaums to compel Defendants to schedule a hearing "at which Plaintiff can have the Oath of Allegiance administered and or [] naturalizing [him] as United States Citizen." (Compl. ¶ 23.) 2. On June 7, 2007, Plaintiff appeared before the United States District Court for the

District of Delaware, took his oath of allegiance, and was naturalized as a citizen of the United States. (See Ex. A.) 3. Plaintiff's Complaint should therefore be dismissed for lack of subject matter

jurisdiction. Because Plaintiff has obtained the relief he seeks, Plaintiff's Complaint should be dismissed as moot. See, e.g., Shi v. Chertoff, No. 06-CV-0470-CVE-FHM, 2006 WL 3253107, at *1 (N.D. Okla. Nov. 8, 2006) ("Plaintiff filed her I-485 and applied for permanent residence on October 2, 2002. She filed this action on September 11, 2006 on the ground that defendants improperly delayed the processing of her application. However, the United States Citizenship and Immigration Services ("CIS") has approved her application. See Dkt. # 13, Ex. A. Since there is no further substantive relief sought by plaintiff, this action is moot, and the Court dismisses the action for lack of subject matter jurisdiction."). DATED: September 12, 2007. Respectfully Submitted, COLM F. CONNOLLY United States Attorney By: /s/ Seth M. Beausang Seth M. Beausang (I.D. No. 4071) Assistant United States Attorney The Nemours Building 1007 Orange Street, Suit 700 Wilmington, DE 19801 (302) 573-6277

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EXHIBIT A

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