Filed WOM on my I-485 name check delay about 3 months ago. Just received AUSA's MTD. She wants to dismiss the case under Rule 12(b)(1) and 12(b)(6).
Rule 12(b)(1) is for lack subject matter jurisdiction over the action, and here in this forum has plenty talk about this.
But for Rule...
I filed a WOM for delay of my I-485 application on Jan.2007. The application is stuck in FBI name check. AUSA replied that she is going to file a MTD, and what she uses is: "...Instead of conferring subject-matter jurisdiction, the INA, as amended by the Real ID Act of 2005 (“RIDA”), deprives...
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