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SUTTON v. NAPOLITANO

No. 13-cv-173-wmc.

986 F.Supp.2d 948 (2013)

Christopher SUTTON, Plaintiff, v. Janet NAPOLITANO, Secretary, Department of Homeland Security; Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services; Kay F. Leopold, District Director, Milwaukee Field Office, U.S. Citizenship and Immigration Services; and Eric Holder, U.S. Attorney General, U.S. Department of Justice, Defendants.

United States District Court, W.D. Wisconsin.

November 15, 2013.

Attorney(s) appearing for the Case

Nicklaus James Misiti, Law Offices of Nicklaus Misiti, New York, NY, for Plaintiff.

Anna Emily Nelson, Sherease Rosalyn Pratt, United States Department of Justice, Washington, DC, Leslie K. Herje, U.S. Attorney's Office, Madison, WI, for Defendants.

OPINION & ORDER

WILLIAM M. CONLEY, District Judge.

Plaintiff Christopher Sutton seeks a writ of mandamus under the Mandamus and Venue Act ("MVA") or an order under the Administrative Procedure Act ("APA") that would compel U.S. Citizenship and Immigration Services ("USCIS") to (1) respond to an order of the Board of Immigration Appeals ("BIA") and (2) rule on his I-130 petition for his spouse's permanent residency. He also challenges the constitutionality...

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