BAEZ-FERNANDEZ v. I.N.S.

No. 03 Civ. 258(BSJ).

385 F.Supp.2d 292 (2005)

Jose Leonel BAEZ-FERNANDEZ, Plaintiff, v. IMMIGRATION AND NATURALIZATION SERVICE and Edward McElroy as District Director, Immigration and Naturalization Service, New York District; Defendants.

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

January 18, 2005.


Attorney(s) appearing for the Case

Alan Michael Strauaa, Law Offices of John Savastano, New York City, for Plaintiff.

Frank James Loprest, U.S. Attorney's Office, S.D.N.Y., New York City, for Defendants.


Opinion

JONES, District Judge.

The Government seeks to dismiss a complaint brought by Plaintiff Jose Leonel Baez-Fernandez ("Baez-Fernandez" or "Plaintiff") on the grounds that the Court lacks subject matter jurisdiction and Plaintiff has failed to state a claim upon which relief may be granted. Fed. R. Civ. P. 12(b)(1), (b)(6).

FACTS

Baez-Fernandez is a citizen of the Dominican Republic who was admitted to the United States...

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