Kokkosis v. Esperdy

DAWSON, District Judge.

Plaintiff has moved, pursuant to an order to show cause, for a stay of deportation. The defendant has cross-moved for summary judgment on the plaintiff’s original complaint.

This Court has jurisdiction of this action under 5 U.S.C.A. § 1009 (Administrative Procedure Act), 28 U.S.C. § 2201 (Declaratory Judgment) and 8 U.S.C.A. § 1329 (Immigration and Nationality Act).

There is no dispute as to any material issue of fact. Therefore, summary judgment under Rule 56 of the Federal Rules of Civil Procedure is proper, 28 U.S.C.

The plaintiff is a native and citizen of Greece who…