United States v. Bimba

ZAVATT, Chief Judge.

This is a proceeding, pursuant to Section 340 of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1451(a),1 to: (1) revoke and set aside the order of the Supreme Court of the State of New York, County of Queens, dated April 1, 1927, which admitted the defendant to citizenship and (2) to cancel the Certificate of Naturalization, No. 2489530, issued pursuant thereto. The case is now before this court on defendant’s motion, pursuant to Rule 12(b) (1) and (6) of the Federal Rules of Civil Procedure, to dismiss the complaint upon the grounds that the court lacks…