Garza v. Tillerson, 1:17-CV-132. (2018)
Court: District Court, S.D. Texas
Number: infdco20180221d27
Visitors: 15
Filed: Jan. 18, 2018
Latest Update: Jan. 18, 2018
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROLANDO OLVERA , District Judge . Before this Court is Rex. W. Tillerson (Secretary of State) and United States of America's (hereafter, collectively known as "Defendants") "Defendants' Partial Motion to Dismiss" (Docket No. 7) and the "Magistrate Judge's Report and Recommendation" (Docket No. 14) (hereafter "R&R"). The deadline to respond to the R&R was December 28, 2017; no objections were filed. After a do novo review of the
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROLANDO OLVERA , District Judge . Before this Court is Rex. W. Tillerson (Secretary of State) and United States of America's (hereafter, collectively known as "Defendants") "Defendants' Partial Motion to Dismiss" (Docket No. 7) and the "Magistrate Judge's Report and Recommendation" (Docket No. 14) (hereafter "R&R"). The deadline to respond to the R&R was December 28, 2017; no objections were filed. After a do novo review of the r..
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROLANDO OLVERA, District Judge.
Before this Court is Rex. W. Tillerson (Secretary of State) and United States of America's (hereafter, collectively known as "Defendants") "Defendants' Partial Motion to Dismiss" (Docket No. 7) and the "Magistrate Judge's Report and Recommendation" (Docket No. 14) (hereafter "R&R"). The deadline to respond to the R&R was December 28, 2017; no objections were filed. After a do novo review of the record, the R&R (Docket No. 14) is hereby ADOPTED. Accordingly:
1. Plaintiff's 8 U.S.C. § 1503(a) claim against the State Department for refusing to approve her fiancé's immigrant visa is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(6).
2. Plaintiff's Administrative Procedure Act claims against the State Department for failing to consider certain facts or provide notice and an opportunity to be heard prior to revoking her passport is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(1).
3. The United States is DISMISSED as a Defendant in this cause of action.
4. Plaintiff's requests for injunctive relief against Secretary Tillerson is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(6).
5. Plaintiff's 8 U.S.C. § 1503(a) claim seeking a declaratory judgment granting citizenship on the basis of Plaintiff's passport revocation survives Defendants' "Defendants' Partial Motion to Dismiss" (Docket No. 7).
Source: Leagle
