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MORENO-GUTIERREZ v. NAPOLITANO

Civil Action No. 10-cv-00605-WJM-MEH.

794 F.Supp.2d 1207 (2011)

Candelaria MORENO-GUTIERREZ, Plaintiff, v. Janet NAPOLITANO, Secretary, U.S. Department of Homeland Security, Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services, Perry Rhew, Chief, Administrative Appeals Office, U.S. Citizenship and Immigration Services, and Daniel Renaud, Director, Vermont Service Center, U.S. Citizenship and Immigration Services, Defendants.

United States District Court, D. Colorado.

June 24, 2011.

Attorney(s) appearing for the Case

Laura L. Lichter , Mark Robert Barr , Lichter & Associates, P.C., Denver, CO, for Plaintiff.

Jessica W.P. D'Arrigo , Patricia E. Bruckner , U.S. Department of Justice, Washington, DC, Timothy Bart Jafek , U.S. Attorney's Office, Denver, CO, for Defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

WILLIAM J. MARTINEZ, District Judge.

In this case, Plaintiff Candelaria Moreno-Gutierrez seeks, amongst other things not relevant to the instant Motion, a declaration that the two-year filing window set forth in 8 U.S.C. § 1154(a)(1)(B)(ii)(II)(aa)(CC)(aaa) is a statute of limitation subject to equitable tolling. (Complaint (ECF No. 3) pp. 15-16.) Before the Court is Defendants' Motion to Dismiss ("Motion...

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