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INTERNATIONAL FID. INS. CO. v. UNITED STATES INS

October 22, 1985

INTERNATIONAL FIDELITY INSURANCE COMPANY and DEBRA AMANDA PASSLEY, Plaintiff, against UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, NEW YORK DISTRICT OFFICE, Defendant


The opinion of the court was delivered by: HAIGHT

HAIGHT, District Judge :

MEMORANDUM OPINION AND ORDER

Plaintiffs International Fidelity Insurance Company ("Fidelity") and Debra Amanda Passley filed their complaint in this action on January 16, 1984. Fidelity had issued a bond to secure the appearance before the Immigration and Naturalization Service ("INS") of one Winston Passley, an alien. Plaintiff Debra Amanda Passley, a United States citizen, is the wife of Winston Passley. The complaint sought a declaratory judgment pursuant to 28 U.S.C. § 2201, and review of adverse INS action pursuant to 8 U.S.C. § 1329. Plaintiffs also invoke 28 U.S.C. § 1331.

 In the words of the complaint, plaintiff Fidelity sought a judgment declaring that:

 
"(a) Plaintiff was and continues to be in substantial compliance with the conditions of the delivery bond.
 
"(b) The determination that the delivery bond was breached on February 2, 1983 was arbitrary, unlawful, and contrary to law."

 Plaintiff Debra Passley sought a judgment declaring that:

 
"(a) Defendant's delay in according plaintiff Passley's husband immediate relative status based on her petitions in his behalf is unreasonable, unjustified, unlawful and contrary to 5 U.S.C. Sec. 706 (i).
 
"(b) Directing defendant to adjudicate Passley as entitled to immediate relative visa status forthwith."
 
Complaint at pp. 11-12.

 After joinder of issue, the parties cross-moved for summary judgment.

 It is apparent form the motion papers that the relief requested by plaintiff Debra Amanda Passley has been mooted by subsequent events. The complaint was filed on January 16, 1984. Under the date of January 18, 1984, the District Director of the INS New York office sent to Debra Passley, in care of her counsel, a notice stating that, as of January 11, 1984, Debra Passley's petition to classify Winston Passley as an immediate relative of a United States citizen had been approved. That moots the cause of action pleaded by Debra Passley, which complained of the delay of INS in processing that petition, and prayed for judgment directing the INS to forthwith adjudicate Passley as entitled to immediate relative visa status.

 What remain is plaintiff Fidelity's cause of action seeking a declaration that it is not in breach of the delivery bond which it ...


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