Yalianny Egues-Gonzalez v. Secretary, Department of Homeland Security, Director, U.S. Citizenship & Immigration Services, Director, Orlando Field Office, U.S. Citizenship and Immigration Services, Attorney General, U.S. Department of Justice, Gregory W. Kehoe
Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
YALIANNY EGUES-GONZALEZ,
Plaintiff,
v. Case No.: 8:25-cv-3164-CEH-NHA
SECRETARY, DEPARTMENT OF HOMELAND SECURITY, DIRECTOR, U.S. CITIZENSHIP & IMMIGRATION SERVICES, DIRECTOR, ORLANDO FIELD OFFICE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, GREGORY W. KEHOE,
Defendants, /
ORDER THIS MATTER comes before the Court on the Government’s Motion to Dismiss for Mootness (Doc. 19), filed on June 29, 2026. In the motion, the Government requests that the Court dismiss the Plaintiff's complaint as moot because Plaintiff has received the relief sought in the complaint. On July 9, 2026, Plaintiff filed a “Notice of Nonopposition” (Doc. 20). The Court, having considered the motion and being fully advised in the premises, will grant the Government’s Motion to Dismiss for Mootness and dismiss this action without prejudice. DISCUSSION “Mootness arises when an issue presented in a case is ‘no longer live or the
parties lack a legally cognizable interest in the outcome.’” Keohane v. Fla. Dep’t of Corr. Sec’y, 952 F.3d 1257, 1267 (11th Cir. 2020) (quoting Powell v. McCormack, 395 U.S. 486, 496 (1969)). Courts in this Circuit have held that a case must be dismissed as moot “[i]f events that occur subsequent to the filing of a lawsuit . . . deprive the court of the ability to give the plaintiff . . . meaningful relief.” Keohane, 952 F.3d at 1267 (quoting
Al Najjar v. Ashcroft, 273 F.3d 1330, 1336 (11th Cir. 2001)). Here, the Government represents that the Plaintiff has obtained the relief sought in the complaint, that is, an adjudication of Plaintiff’s Form I-485. The Government attaches to its motion a copy of the agency’s Notice of Decision. Doc. 19-1. Thus, the Government argues Plaintiff’s action is now moot. Plaintiff filed a notice indicating
no opposition to dismissal based on mootness. Because mootness is a jurisdictional question, where events occurring subsequent to the filing of an Administrative Procedure Act lawsuit deprive the court of the ability to give the plaintiff meaningful relief, the court must dismiss the case. Purpose Built Fams. Found., Inc. v. United States, 634 F. Supp. 3d 1118, 1122 (S.D. Fla.
2022), aff’d, 95 F.4th 1346 (11th Cir. 2024). Accordingly, the Court will grant the Government’s motion to dismiss for mootness and will dismiss Plaintiff’s complaint without prejudice. See, e.g., Dupree v. Owens, 92 F.4th 999, 1007 (11th Cir.), cert. denied, 145 S. Ct. 225 (2024) (“Dismissals for a lack of jurisdiction are not judgments on the merits and are to be entered without prejudice.”). It is hereby ORDERED: 1. The Government’s Motion to Dismiss for Mootness (Doc. 19) is GRANTED. 2. Plaintiffs Complaint is DISMISSED without prejudice for lack of subject matter jurisdiction. 3. The Clerk is directed to terminate any pending motions and deadlines and close this case. DONE AND ORDERED in Tampa, Florida on July 13, 2026.
Charlene Edwards Honeywell United States District Judge
Copies to: Counsel of Record Unrepresented Parties, if any
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Yalianny Egues-Gonzalez v. Secretary, Department of Homeland Security, Director, U.S. Citizenship & Immigration Services, Director, Orlando Field Office, U.S. Citizenship and Immigration Services, Attorney General, U.S. Department of Justice, Gregory W. Kehoe (Yalianny Egues-Gonzalez v. Secretary, Department of Homeland Security, Director, U.S. Citizenship & Immigration Services, Director, Orlando Field Office, U.S. Citizenship and Immigration Services, Attorney General, U.S. Department of Justice, Gregory W. Kehoe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.