Ayala

ORDER ON DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION PURSUANT TO F.R.C.P. 12(B)(6)

This is an action for declaratory relief in which plaintiff Veronica Corona Ayala (“Plaintiff’) petitions for de novo review of the denial by defendants United States Citizenship and Immigration Services, et al. of her Application for Naturalization Services, et al. (“Defendants”) and Request for Hearing pursuant to 8 U.S.C. § 1421 (c). Currently before the court is Defendants motion titled “Motion to Dismiss for Lack of Jurisdiction” (Plaintiffs *1074 “Motion”) which apparently seeks dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Notwithstanding any confusion that might arise because of the title of Defendant’s Motion, the court has federal subject matter jurisdiction pursuant to 28 U.S.C. § 1331 to determine its jurisdiction over the merits of the case. Venue is proper in this court,

FACTUAL BACKGROUND

Plaintiff is a citizen of Mexico and a permanent legal resident of the United States and has resided in the United States continuously for more than 23 years. Defendants agree that the facts pertaining to this action are as alleged in the complaint.…