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AIDEYAN v. GREAVES

95 Civ. 3862 (LAK).

908 F.Supp. 196 (1995)

Andrew AIDEYAN, Plaintiff, v. Russel GREAVES, Defendant.

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

December 19, 1995.

Attorney(s) appearing for the Case

Tony Anyanwu, for Plaintiff.

John W. Kondulis, Schwartz, Totura & Andrews, for Defendant.

AMENDED MEMORANDUM OPINION

KAPLAN, District Judge.

Defendant's motion to dismiss the action for lack of subject matter jurisdiction is denied.

Plaintiff is an alien. According to plaintiff's testimony at trial, plaintiff was admitted to the United States as a political asylee. He has never obtained a "green card."

Defendant argues that plaintiff is an "immigrant" within the meaning of 8 U.S.C. § 1101(a)(15) and, in consequence, that...

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