Abdirahman H. v. Luis R. Borges, et al.

Summary

The United States District Court for the District of Minnesota granted the respondents’ motion to dismiss a petition seeking an order requiring USCIS to conduct a naturalization interview. The court held that the petitioner’s failure to respond to the motion constituted a waiver and dismissed the action without prejudice.

Holdings

1. A petitioner's failure to respond to a motion constitutes a waiver.
2. Respondents' motion to dismiss should be granted and the action dismissed without prejudice.

Questions Presented

1. Whether petitioner's failure to respond to respondents' motion to dismiss constituted a waiver warranting dismissal.
2. Whether the action should be dismissed without prejudice after petitioner failed to respond to the motion to dismiss.

Disposition

dismissed