Li v. United States Citizenship and Immigration Services

Background

Lianqun Li filed a mandamus action, meaning a lawsuit asking a court to require a government agency to perform a required act. She sought a decision from the United States Citizenship and Immigration Services (USCIS) on her application to register or adjust her immigration status, identified as Form I-485.

The court referred the case to Magistrate Judge Sarah Netburn for pretrial management and recommendations on motions that could resolve the case. USCIS moved to dismiss for lack of subject-matter jurisdiction, arguing that the case had become moot because USCIS had adjudicated Li’s Form I-485. The opinion does not state what decision USCIS made on that application. Li did not oppose the motion.

Report and Recommendation

Magistrate Judge Netburn recommended granting the motion to dismiss. The recommendation advised the parties that they had 14 days to file written objections and that failing to object would waive objections and prevent appellate review. Neither party filed objections.

Because there were no objections, Judge Caproni reviewed the recommendation for clear error—an obvious mistake apparent from the record. She found no clear error.

Ruling and Disposition

Judge Valerie Caproni adopted the report and recommendation in full and granted USCIS’s motion to dismiss. The order also stated that the failure to object precluded appellate review of the decision. The Clerk of Court was directed to close the motion and the case.