Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CARMEN OLIVIA GARCIA et al.,
Plaintiffs,
-against-
SECRETARY OF HOMELAND SECURITY et al.,
Defendants.
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MEMORANDUM & ORDER
23-CV-4795(EK)
ERIC KOMITEE, United States District Judge:
Plaintiffs have filed a belated response to the
Court’s order to show cause and ask the Court for relief from
its order dated February 13. 	This motion is denied. 	Contrary
to plaintiffs’ contention, they abandoned their challenge to
USCIS’s waiver procedures. 	Defendants moved to dismiss on the
basis that the waiver procedures requiring the filing of a Form
I-601 or I-601A are not “vague, ambiguous, or overbroad” or
arbitrary and capricious under the Administrative Procedure
Act. 	ECF No. 21-1, at 21-24. 	Plaintiffs’ opposition, ECF No.
22, explicitly (and only) challenged the agency’s adjudication
of their I-485 applications and did not respond to the
government’s arguments concerning the waiver procedures. 	See
Chamberlain v. City of White Plains, 986 F. Supp. 2d 363, 392
(S.D.N.Y. 2013) (“A court may, and generally will, deem a claim
abandoned when a plaintiff fails to respond to a defendant’s
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arguments that the claim should be dismissed.”). 	The term “I-
601” appears only once, in passing, in plaintiffs’ brief. 	And
as already made clear, this Court lacks jurisdiction to review
the denial of an I-485 application. 	Xia v. Bondi, 137 F.4th 85,
93 (2d Cir. 2025). 	The Clerk of Court is respectfully directed
to enter judgment, dismissing this case without prejudice for
lack of subject-matter jurisdiction, and close this case.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	March 10, 2026
Brooklyn, New York
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