Free MEMORANDUM in Support - District Court of Delaware - Delaware

Case 1:07-cv-00496-SLR

Document 4

Filed 10/19/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SYAMACK GANJAVIAN, Plaintiff, v. PAUL NOVAK, et al., Defendants. : : : : : : : : :

C.A. No. 07-496-SLR

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' 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: October 19, 2007.

Case 1:07-cv-00496-SLR

Document 4

Filed 10/19/2007

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1.

On August 14, 2007, Plaintiff filed the present action seeking a writ of mandaums

to compel Defendants to adjust his status to a lawful permanent resident via form I-485. (Compl. ¶ 6; see also id. ¶¶ 7-15.) 2. 3. On October 1, 2007, Plaintiff's I-485 form was approved. (See Ex. A at 2.) 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: October 19, 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