Neufeld

ORDER GRANTING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiff Calexico Warehouse, Inc., (“Ca-lexico”) filed suit challenging the United States Immigration and Naturalization Service’s (“INS”) decision to revoke the visa petition that Calexico filed on behalf of the beneficiary, Gilda Villanueva (“Villa-nueva”). Calexico filed a Motion for Summary Judgment, asserting: 1) the INS and the American Consul revoked the visa petition filed by Calexico on behalf of Villa-nueva for reasons not found in the law or regulations; 2) at all times since the visa petition was filed, Villanueva has met the requirements set forth for an “L” visa to be issued; and, 3) the INS decision to revoke Calexico’s visa petition should be reversed as a matter of law.

The INS filed a cross-motion to dismiss or for summary judgment arguing: 1) this Court lacks subject matter jurisdiction because Calexico failed to assert applicable law granting this Court jurisdiction; 2) Congress expressly vested the Attorney General with the discretion to revoke visa petitions, eliminating this Court’s ability to review a decision by the INS; and,…