MORENO-GUTIERREZ v. Napolitano

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

WILLIAM J. MARTÍNEZ, District Judge.

In this case, Plaintiff Candelaria Moreno-Gutierrez seeks, amongst other things not relevant to the instant Motion, a declaration that the two-year filing window set forth in 8 U.S.C. § 1154(a)(l)(B)(ii)(II)(aa)(CC)(aaa) is a statute of limitation subject to equitable tolling. (Complaint (ECF No. 3) pp. 15-16.) Before the Court is Defendants’ Motion to Dismiss (“Motion”) pursuant to Fed.R.Civ.P. 12(b)(6). (ECF No. 20.) On June 21, 2011, the Court held oral argument and took the Motion under advisement. (ECF No. 38.)