Ticheva v. Ashcroft

ORDER

HICKS, District Judge.

Before the Court is Defendants’ motion to dismiss for failure to state a claim and for lack of jurisdiction over the subject matter (# 3); Plaintiffs opposition, and in the alternative, counter-motion to amend the complaint and counter-motion for summary judgment (# 4-6); Defendants’ response to the cross-motion for summary judgment (# 7); and Plaintiffs reply to Defendants’ response (# 8).

I. Factual and Procedural Background

The Plaintiff, a native and citizen of Bulgaria who resides in the United States applied for a Diversity Immigrant Visa pursuant to the…