Labaneya v. United States Citizenship & Immigration Services

OPINION AND ORDER REGARDING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT-MATTER JURISDICTION AND FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED AND ORDER TO SHOW CAUSE

GERALD E. ROSEN, Chief Judge.

I. INTRODUCTION

On March 26, 2009, Maisoun Labaneya filed a Petition for Alien Relative (“Form 1-130”) for her husband Radwan Baytiyeh with the United States Citizenship and Immigration Services (“USCIS”). Concurrently, Mr. Baytiyeh filed an application for Adjustment of Status (“Form I-485”) to become a permanent resident. When these matters were not adjudicated by December 17,…