Hess v. Esperdy

TYLER, District Judge.

Plaintiffs bring this action under the Declaratory Judgment Act (28 U.S.C. § 2201) and Section 10 of the Administrative Procedure Act (5 U.S.C. § 1009) seeking review of defendant’s denial of plaintiff Hess’ petition to classify plaintiff Morimoto as a temporary worker under § 101(a) (15) (H) (ii) of the Immigration and Nationality Act of 1952 [8 U.S.C. § 1101(a) (15) (H) (ii)]. Defendant moves for summary judgment and dismissal of the complaint pursuant to Rule 56, F.R.Civ.P.

Plaintiff Hess is in the sales promotion business in New York City. He has extensive entres in…