Free Motion to Dismiss/Lack of Subject Jurisdiction - District Court of Delaware - Delaware

Case 1:06-cv-00733-JJF

Document 9

Filed 05/08/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HE LI, CHANGAI ZHUO, and ZEHAO LI : : Plaintiffs, : : v. : : MICHAEL CHERTOFF, Secretary of the : Department of Homeland Security, EMILIO : T. GONZALEZ, Director of U.S. : Citizenship & Immigration Services : (USCIS); PAUL E. NOVAK, JR., Vermont : Service Center Director, U.S. Citizenship & : Immigration Services; ROBERT S. : MUELLER, Director of Federal Bureau of : Investigation, : : Defendants. :

C.A. No. 06-733-JJF

AMENDED MOTION TO DISMISS Defendants, through their undersigned counsel, respectfully move, pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), to dismiss Plaintiffs' Complaint. In support of this Motion, the Court is respectfully referred to the accompanying Memorandum of Points and Authorities. A proposed Order has been filed at Doc. No. 6.

Respectfully submitted, COLM F. CONNOLLY United States Attorney /s/ Seth M. Beausang Seth M. Beausang (I.D. No. #4071) Assistant United States Attorney 1007 N. Orange Street, Suite 700 Wilmington, Delaware 19801 (302) 573-6277

Dated: May 8, 2007.

Case 1:06-cv-00733-JJF

Document 9

Filed 05/08/2007

Page 2 of 2

CERTIFICATE OF SERVICE I, Seth M. Beausang, hereby attest under penalty of perjury that on this 8th day of May, 2007, I caused two copies of Defendants' Amended Motion to Dismiss, Memorandum of Points and Authorities in Support Thereof and Proposed Order to be served on the Plaintiffs by First Class Mail at the following address: He Li Changai Zhuo Zehao Li 403 King Rail Court Middletown, DE 19709 (302)378-8256 PRO SE

/s/ Seth M. Beausang Seth M. Beausang (DE I.D. No. 4071)