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Fahima v. Gonzales

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 26, 2007

MALI FAHIMA, PLAINTIFF,
v.
ALBERTO R. GONZALES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS

Plaintiff brought this mandamus action to compel the United States Citizenship and Immigration Service ("CIS") to adjudicate her I-485 application to adjust status. On December 12, 2007, Plaintiff filed a motion to withdraw her complaint because CIS adjudicated her application. Defendants filed a noticed of non-opposition to Plaintiff's motion. Pursuant to Federal Rules of Civil Procedure ("FRCP") Rule 41(a)(2), the court construes Plaintiff's motion as a motion to dismiss and hereby GRANTS dismissal.*fn1

IT IS SO ORDERED.


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