Stuyvesant Insurance v. District Director, Immigration & Naturalization Service, United States Department of Justice

MEMORANDUM OF DECISION AND ORDER

JULIUS J. HOFFMAN, Senior United States District Judge.

The defendant District Director of the Immigration and Naturalization Service moves to dismiss this action by a plaintiff surety company and two of its agents for a declaratory judgment that four immigration bonds have not been breached. The grounds for the motion, which presents questions of first impression, are that the court lacks subject matter jurisdiction and that the complaint fails to state a claim upon which relief can be granted. Under Rule 12(b) of the Federal Rules of Civil Procedure, the court…