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SHARADANANT v. U.S.C.I.S.

Civil No. 3:07-cv-54.

543 F.Supp.2d 1071 (2008)

Roopalakshmi SHARADANANT and Mahinda Ferdinando, Plaintiffs, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (USCIS); Attorney General Michael Mukasey; U.S. Department of Homeland Security, Michael Chertoff; Director of UCIS, Emilio T. Gonzalez; District Director of Nebraska Service Center; Gerard Heinauer, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

February 13, 2008.

Attorney(s) appearing for the Case

Debra Schneider, Grant D. Fairbairn, Fredrikson & Byron, PA, Minneapolis, MN, Franklyn Guy Gokey, Vogel Law Firm, Fargo, ND, for Plaintiffs.

Shon Hastings, U.S. Attorney's Office, Fargo, ND, for Defendants.

OPINION AND ORDER DENYING MOTION TO DISMISS

RALPH R. ERICKSON, District Judge.

Before the Court is the United States' Motion to Dismiss for Lack of Jurisdiction (Doc. # 7). The Plaintiffs filed a Response to the Motion (Doc. # 14) and resist dismissal.

FACTS

Plaintiff Roopalakshmi Sharadanant is a citizen of India and her husband, Plaintiff Mahinda Ferdinando, is a citizen of Sri Lanka. Ms. Sharadanant has an approved 1-140 visa, filed...

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