Nigmadzhanov v. Mueller

DECISION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

McMAHON, District Judge.

I. Introduction

This case presents an issue that has divided district courts across the country, and remains open in the Second Circuit: does a district court have jurisdiction to hear a claim against CIS for its failure to adjudicate an application for adjustment of status under Section 245 of the Immigration and Naturalization Act?

This court is persuaded by those cases that hold that a district court does have jurisdiction. Because Plaintiffs claim is not patently without merit, Defendants’ motion to dismiss is…