Opinion
CASE NO. 5:07cv247/RS-MD.
February 22, 2008
ORDER
Before me is Respondents' Motion To Dismiss (Doc. 11). Respondents affirm that the United States Citizenship and Immigration Service has the power, pursuant to 8 C.F.R. § 338.5(a)-(d), upon a proper showing, to grant the relief sought by Petitioner. Petitioner does not suggest that she has attempted to exhaust any administrative remedy. I find no reason why I should not defer at this time to Respondents' interpretation of the regulations they are charged to enforce.
IT IS ORDERED that this action is dismissed without prejudice because of Petitioner's failure to exhaust the available administrative remedies.
The clerk is directed to close the file.
ORDERED.