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Bilal Haidari, Yamen Haidari, Zahi Haidari, Plaintiffs, v. Denise Frazier, District Director, U.S. Citizenship Immigration Ser

ORDER

DONOVAN FRANK, District Judge

This matter is before this Court on Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction. Oral argument was heard on December 1, 2006.

Based on the files, records, and proceedings herein, the arguments of counsel, and for the reasons stated at the hearing, this Court finds that it does have subject matter jurisdiction over the present cause of action.

Accordingly, IT IS HEREBY ORDERED THAT:

1. The Defendants' Motion to Dismiss (Doc. No. 8) is DENIED and REMANDED to USCIS. The USCIS is ordered to complete its adjudication of Plaintiffs' I-485 applications within 30 days. Upon completion of the adjudications, the USCIS shall promptly inform this Court and the Plaintiffs of its decisions. This Court will retain jurisdiction over the matter in the interim to ensure that the USCIS complies with this order. A Memorandum Opinion and Order will follow.

2. The Plaintiffs' Motion for Default Judgment (Doc. No. 3) is WITHDRAWN.

LET JUDGMENT BE ENTERED ACCORDINGLY.

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HAIDARI v. FRAZIER
(Dec 1, 2006)