Katselianos v. Esperdy

WEINFELD, District Judge.

This is an action by plaintiff to review and overrule an order of the Attorney *945General entered through the Board of Immigration Appeals which upheld the denial by a Special Inquiry Officer of plaintiff’s application to reopen his deportation proceedings to permit him to apply for discretionary relief under section 243(h) of the Immigration and Nationality Act.1 The defendant moves to dismiss the complaint under Rule 12(b) (1) of the Federal Rules of Civil Procedure for lack of jurisdiction of the subject matter and, alternatively, for summary judgment pursuant to Rule…