USCIS
Chung Hak Hong v. U.S. Department of Homeland Security Citizenship & Immigration Services
Opinion
Opinion
Carney, J.
ORDER GRANTING DEFENDANT’S MiOTION TO DISMISS
INTRODUCTION
Plaintiff Chung Hak Hong dba Eunice Fashion (“Eunice Fashion”) initiated this action to challenge the revocation of a Form 1-140 Immigrant Petition for Alien Worker (“1-140 Petition”) for Sung 111 Kim, a Korean native. Defendant United States Citizenship and Immigration Service (“USCIS”) revoked the 1-140 Petition after Eunice Fashion failed to respond to USCIS’s request for evidence to support the validity of the petition. USCIS now moves to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief may be granted. For the following reasons, USCIS’s motion is GRANTED WITH PREJUDICE.
BACKGROUND
Eunice Fashion’s predecessor, CKM Industries, Inc. (“CKM”), filed an 1-140 Petition on behalf of Sung 111 Kim on or about April 27, 2001. (First Amended Complaint (“FAC”) ¶ 5.) CKM sought to classify Sung 111 Kim as an employment-based visa beneficiary under Section 203(b) of the Immigration and Nationality Act (“INA”). Pursuant to Section 203(b), an employer may petition for an unskilled alien to work in the United States after the Secretary of the…