Hovhannisyan

Proceedings: IN CHAMBERS (No Proceedings Held)

I. INTRODUCTION.................. 1138

II. BACKGROUND.................... 1139

1142 III. DISCUSSION.............................

1142 A. The Court Has Subject Matter Jurisdiction

1143 1. IIRIRA and REAL ID Act..........

1146 2. The Administrative Procedures Act...

1146 B. Plaintiffs Case is Not Moot.............

1147 C. Plaintiff Properly States a Claim.........

1147 1. Legal standards....................

1148 2. Discussion........................

IV. CONCLUSION..................... 1152

I. INTRODUCTION

On May 14, 2008, Defendants United States Department of Homeland Security (“DHS”), United States Citizenship and Immigration Service (“CIS”) and Christina Poulos, Director of California Services Center (“CSC”), moved to dismiss Plaintiff Aramayis Hovhannisyan’s Complaint seeking relief from CIS’s rejection October 14, 2008 of his untimely petition for an H-1B visa and extension of stay. The government contends that CIS’s decision is not subject to judicial review, that Plaintiffs claims are moot, and that CIS’s decision was lawful.

The Court holds that it has jurisdiction to review this matter because 8 U.S.C. § 1184 ,…