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AL-FARISI v. MUELLER

No. 06 Civ. 15504(MGC).

492 F.Supp.2d 335 (2007)

Omar Hadir AL-FARISI, Plaintiff, v. Robert S. MUELLER, III, Director, Federal Bureau of Investigation; Emilio Gonzales, Director, United States Citizenship and Immigration Services; Andrea J. Quarantillo, New York District Director, United States Citizenship and Immigration Services; Michael Chertoff, and Alberto R. Gonzales, Defendants.

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

June 14, 2007.

Attorney(s) appearing for the Case

White & Case, New York, NY, By: Marko C. Maglich, Esq., Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, By: F. James Loprest, Jr., Esq., Special Assistant United States Attorney, for Plaintiff.

OPINION AND ORDER

CEDARBAUM, District Judge.

Omar Hadir Al-Farisi applies under 8 U.S.C. § 1447(b) for a hearing on his long-pending application for naturalization. Defendants move to dismiss the complaint for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1), and, under Fed. R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted. For the following reasons, the motion to dismiss is denied, and the case...

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