Emmerling v. Cobb

MEMORANDUM

CAFFREY, Chief Judge.

This is a civil action in which the plaintiffs seek judicial review of a denial by the Immigration and Naturalization Service (“INS”) of a visa petition to classify plaintiff Thomas Emmerling as a Sixth Preference Immigrant. The matter is now before this Court on the defendants’ motion to dismiss pursuant to Fed.R.Civ.P. 12(b).

The defendants contend, and I rule, that venue is not proper in the United States District Court for the District of Massachusetts. The Court of Appeals has exclusive jurisdiction to review final orders of deportation. 8 U.S.C. § 1105a.…