David Axinicuilteco Huizache v. Unknown Party, et al.

Summary

The United States District Court for the District of Arizona granted defendant Joseph Edlow’s motion to dismiss because plaintiff David Axinicuilteco Huizache filed no opposition under Local Rule 7.2(i). The court also stated that it lacked jurisdiction over some requested relief and that the complaint did not adequately allege unreasonable delay in adjudicating an immigration application. The complaint was dismissed without prejudice, and the case was closed.

Holdings

1. Because plaintiff filed no opposition, the court summarily granted the motion to dismiss pursuant to Local Rule 7.2(i).
2. The court stated that, even if it reached the merits, it appeared to lack jurisdiction to issue some of the requested relief and that plaintiff had not sufficiently alleged unreasonable delay; the TRAC factors would not entitle plaintiff to relief.

Questions Presented

1. Whether the motion to dismiss could be summarily granted because plaintiff filed no opposition under Local Rule 7.2(i).
2. Whether the court had jurisdiction to grant the relief sought by plaintiff.
3. Whether plaintiff sufficiently alleged unreasonable delay in the adjudication of his application.

Disposition

dismissed