Luo

ORDER RE: DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ COMPLAINT OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

This case arises from Plaintiffs’ applications for immigrant visas under the “employment creation” provision of Section 203(b)(5) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1153 (b)(5). The American consular official in Guangzhou, China, denied Plaintiffs’ applications and returned those applications to the Immigration and Naturalization Service (“INS”) in September 2000. The INS has not acted on those petitions, and Plaintiffs filed this instant Complaint for mandatory relief, asking this Court to order Defendant Coultice to review Plaintiffs’ applications and return them to the consulate in China. Defendant’s Motion to Dismiss the Complaint or, in the alternative, for Summary Judgment came on regularly for hearing before this Court on December 3, 2001. After considering the materials submitted by both parties, the argument of counsel, and the case file, the Court hereby GRANTS the Motion for Summary Judgment.

I. FACTUAL BACKGROUND

Plaintiffs Xiao Jia Luo and Jing Hui Li (“Plaintiffs”) are citizens of China who have applied for immigrant visas to enter the…