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KRACUN v. U.S.

No. 04 Civ.5388 MGC.

392 F.Supp.2d 594 (2005)

Georgina KRACUN, Plaintiff, v. The UNITED STATES; Tom Ridge, as Secretary of the Department of Homeland Security; John Ashcroft, as Attorney General of the United States, United States Department of Justice; Mary Ann Gantner, as District Director of the U.S. Bureau of Citizenship & Immigration Services (formerly known as the Immigration & Naturalization Service); A. Gilles, as Supervisory District Adjudications Officer, New York District, Defendants.

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

September 23, 2005.

Attorney(s) appearing for the Case

Lee & Tapalaga, LLP, New York City, By: Gabriel Tapalaga, for Plaintiff.

Michael J. Garcia, United States Attorney for the Southern District of New York, New York City, By: F. James Loprest, Jr., for Defendants.

MEMORANDUM OPINION

CEDARBAUM, District Judge.

Georgina Kracun, a native of the former Yugoslavia, filed this action to compel the government to issue her a visa and adjust her status in the United States to lawful permanent resident. The government has moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction and pursuant to Fed. R.Civ.P. 12(b)(7) for failure to join as an indispensable party the Department...

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