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EASTERN CARPET HOUSE v. DEPARTMENT OF HOMELAND

Civil Action No. H-05-1606.

430 F.Supp.2d 672 (2006)

EASTERN CARPET HOUSE, INC., Mohammad Z. Tipu, Houmaira Zubair, Talha Zubair, and Hafsa Zubair, Plaintiffs v. DEPARTMENT OF HOMELAND SECURITY through its secretary, Michael CHERTOFF, Eduardo Aguirre, Director, United States citizenship and Immigration Services and Evelyn Upchurch, Director, Texas Services Center, Defendants.

United States District Court, S.D. Texas, Houston Division.

May 5, 2006.

Attorney(s) appearing for the Case

Ajay Choudhary, Bruce A. Coane, James P. McCollom, Jr, Coane & Associates, Houston, TX, for Plaintiffs.

Samuel G. Longoria, U.S. Attorneys Office, Houston, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

HARMON, District Judge.

Pending before the Court are Defendants' motion to dismiss for a lack of subject matter jurisdiction or, alternatively, for summary judgment (Instrument No. 7) and Plaintiffs' motion for summary judgment (Instrument No. 16). For the following reasons the court ORDERS that Defendants' motion is GRANTED. Plaintiffs' motion is DENIED.

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