Desai v. Garland

District Court, S.D. Texas

Desai v. Garland

Trial Court Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT August 31, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

URVASHI NAVIN DESAI, et al., § § Plaintiffs, § § VS. § CIVIL ACTION NO. 4:21-CV-03497 § MERRICK GARLAND, et al., § § Defendants. § ORDER Before the Court are United States Magistrate Judge Yvonne Y. Ho’s Memorandum and Recommendation filed on July 26, 2022 (Doc. #31), Defendants’ Objections (Doc. #32), Plaintiffs’ Objections (Doc. #33), and Defendants’ Response (Doc. #34). The Magistrate Judge’s findings and conclusions are reviewed de novo. Fed. R. Civ. P. 72(b);

28 U.S.C. § 636

(b)(1); United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989), Having reviewed the parties’ arguments and applicable legal authority, the Court adopts the Memorandum and Recommendation as this Court’s Order. Accordingly, Defendants’ Motion to Dismiss (Docs. #13) is hereby GRANTED, Defendants’ Motion for Leave to File Supplemental Response (Doc. #25) is hereby DENIED as moot, and Defendants’ Motion to Strike (Doc. #17) and Motion to Reurge (Doc. #27) are hereby DENIED. This case is DISMISSED without prejudice to Plaintiffs refiling their claims if the removal proceedings are dismissed or otherwise resolved in their favor. It is so ORDERED.

AUG 3 1 2022 Date The Honorable Alfred\H, Bénnett United States District Judge

Reference

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