Legal Opinion
Grinberg v. Swacina
District Court, S.D. Florida
Decided March 20, 2007No. 06-22593-CIVPublishedCited by 26 opinions
1Opinion of the Court
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
MORENO, District Judge.
Plaintiff is a foreign citizen who seeks an order compelling the representatives of a United States government agency to adjudicate his application for adjustment of status to become a permanent United States resident. 1
Without any Eleventh Circuit law addressing the immigration issue presented here, this Court elects to follow the majority of courts that have dismissed similar actions for lack of subject matter jurisdiction, under the rationale that Sections 242 and 245 of the Immigration and Nationality Act (“INA”), 8 U.S.C.…
2Cases cited11 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Heckler v. RingerSupreme Court of the United States · 1984
- Will v. United StatesSupreme Court of the United States · 1967
- Linda Cash v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2003
- Charles Kibaara Nyaga, Doin Kainyu Kibaara v. Joh Ashcroft, Rosemary MelvilleCourt of Appeals for the Eleventh Circuit · 2003
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Liu v. NovakDistrict Court, District of Columbia · 2007
- Saleem v. KeislerDistrict Court, W.D. Wisconsin · 2007
- Aslam v. MukaseyDistrict Court, E.D. Virginia · 2008
- Kashkool v. ChertoffDistrict Court, D. Arizona · 2008
- Nigmadzhanov v. MuellerDistrict Court, S.D. New York · 2008
21 more not listed; retrieve them via the Exa API.