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NIGMADZHANOV v. MUELLER

No. 07 Civ. 1279(CM).

550 F.Supp.2d 540 (2008)

Azat NIGMADZHANOV and Maryam Ibragimova, Plaintiffs, v. Robert S. MUELLER, Director, Federal Bureau of Investigation; Alberto Gonzales, Attorney General of the United States; Michael Chertoff, Secretary, the United States Department of Homeland Security; Emilio T. Gonzales, Director of the United States Citizenship and Immigration Services; Andrea J. Quarantillo, District Director, USCIS New York Field Office, Defendants.

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

May 1, 2008.

Attorney(s) appearing for the Case

Alexander V. Bibicheff, Brooklyn, NY, for Plaintiffs.

James Loprest, U.S. Attorney's Office, New York, NY, for Defendants.

DECISION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS

McMAHON, District Judge.

I. Introduction

This case presents an issue that has divided district courts across the country, and remains open in the Second Circuit: does a district court have jurisdiction to hear a claim against CIS for its failure to adjudicate an application for adjustment of status under Section 245 of the Immigration and Naturalization Act?

This court is persuaded...

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