Legal Opinion
Kim v. Ashcroft
District Court, S.D. New York
Decided July 27, 2004No. 04 Civ. 1639(SAS)PublishedCited by 49 opinions
1Opinion of the Court
OPINION AND ORDER
SCHEINDLIN, District Judge.
Dae Hyun Kim brings this action against John Ashcroft, Edward McElroy, and the United States Bureau of Citizenship & Immigration Services (“CIS”) (collectively, “defendants”), seeking to compel the adjudication of his application for an adjustment of immigration status. Kim claims that defendants have unreasonably delayed his application in violation of the Administrative Procedure Act (the “APA”). 1 Defendants now move to dismiss the action for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim upon which…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Bell v. HoodSupreme Court of the United States · 1946
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
12 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Fei Bian v. Hillary ClintonCourt of Appeals for the Fifth Circuit · 2010
- L.M. v. JohnsonDistrict Court, E.D. New York · 2015
- Liu v. NovakDistrict Court, District of Columbia · 2007
- Han Cao v. UpchurchDistrict Court, E.D. Pennsylvania · 2007
- Saleem v. KeislerDistrict Court, W.D. Wisconsin · 2007
44 more not listed; retrieve them via the Exa API.