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NATIONAL COLLEGIATE RECREATION SERVS. v. CHERTOFF

C.A. No. 9:05-3011-PMD.

447 F.Supp.2d 527 (2006)

NATIONAL COLLEGIATE RECREATION SERVICES d/b/a American Hospitality Academy, Plaintiff, v. Michael CHERTOFF, Secretary, U.S. Department of Homeland Security, Eduardo Aguirre, Jr., Director, U.S. Citizenship and Immigration Services, Evelyn M. Upchurch, Director, Texas Center, Administrative Appeals Office, Defendants.

United States District Court, D. South Carolina, Beaufort Division.

April 28, 2006.

Attorney(s) appearing for the Case

Gregg Meyers, Gregg Meyers Law Firm, Charleston, SC, Robert Kendall, Jr., Robert Kendall Jr., Law Office, Washington, DC, for Plaintiff.

Lee Ellis Berlinsky, U.S. Attorneys Office, Charleston, SC, for Defendants.

ORDER

DUFFY, District Judge.

This matter is before the court on Defendant United States' Motion to Dismiss for Lack of Subject Matter Jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure.

BACKGROUND

On October 6, 2004, Plaintiff American Hospitality Academy ("AHA") filed Form 1-129, Petition for a Nonimmigrant Worker, with the USCIS Texas Service Center. Through this Petition, AHA sought to be approved...

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