Wilson v. Smith

OPINION

CHARLES R. RICHEY, District Judge.

Before the court are plaintiffs’ motion for summary judgment and defendants’ motion for summary judgment, or in the alternative, to dismiss. There are no disputed issues of material fact. Plaintiffs, a husband and wife, are seeking a judgment pursuant to 28 U.S.C. § 2201, 8 U.S.C. § 1329, and 28 U.S.C. § 1331 declaring that Teresa Rivas is qualified as a nonimmigrant temporary worker as defined by 8 U.S.C. § 1101(a)(15)(H)(ii):

The term “immigrant” means every alien except ... an alien having a residence in a foreign country which he has no intention of…