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PRZHEBELSKAYA v. U.S. BUREAU OF CITIZ. AND IMMIGR. SERVICES

No. 03 CV 3303(NG).

338 F.Supp.2d 399 (2004)

Marianna PRZHEBELSKAYA, Vladimir Przhebelskaya, and Yevgenia Przhebelskaya, Plaintiffs, v. UNITED STATES BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, John Ashcroft, Attorney General of the United States, Eduardo Agguaire, Jr., Commissioner of the Bureau of Citizenship and Immigration Services, and Edward McElroy, District Director of the Bureau of Citizenship and Immigration Services, Defendants.

United States District Court, E.D. New York.

September 30, 2004.

Attorney(s) appearing for the Case

Harry A. DeMell New York, for plaintiff.

For Ashcroft — United States/Attorney's Office for the EDNY, By Steven Kim; for United States Citizenship & Immigration Services Dione Enea, New York, for defendant.

OPINION AND ORDER

GERSHON, District Judge.

Plaintiffs applied to become lawful permanent residents of the United States after Marianna Przhebelskaya won the diversity visa lottery in 2003. Plaintiffs brought this action for mandamus relief when their applications for adjustment of status were denied. Defendants voluntarily reopened plaintiffs' cases, but took no action on them for months. As the statutory deadline approached, this court ordered defendants...

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