District Court, D. South Carolina April 28, 2006, C.A. No.: 9:05-3011-PMD (National Collegiate Recreation Services v. Chertoff)

ORDER

DUFFY, District Judge.

This matter is before the court on Defendant United States’ Motion to Dismiss for Lack of Subject Matter Jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure.

BACKGROUND

On October 6, 2004, Plaintiff Ameiiean Hospitality Academy (“AHA”) filed Form 1-129, Petition for a Nonimmigrant Worker, with the USCIS Texas Service Center.