Opinion
Case Number C 07-00234 RS.
June 1, 2007
ORDER
On January 17, 2007, the court entered an order to show cause why plaintiff Jin Zhou, should not be granted the relief he requested. Defendant's response asserts that the Court lacks subject matter jurisdiction over this matter and requests dismissal, albeit not in a formal motion to dismiss. Defendants' jurisdictional arguments appear to have been rejected by every court in this district that has considered them, and this Court sees no basis to deviate from the considered analysis in those decisions. See, e.g., Chen v. Chertoff, C-06-07927 RMW, Order Denying Motion to Dismiss filed April 18, 2007 (Docket No. 18); Gelfer v. Chertoff, 2007 WL 902382, *1 (N.D. Cal. Mar. 22, 2007); Aboushaban v. Mueller, 2006 WL 3041086, * 2 (N.D. Cal. Oct. 24, 2007). Accordingly, the Court will not invite defendants to make a motion to dismiss. It appears, however, that the issues raised in the complaint likely are amenable to resolution on summary judgment. The parties are directed, therefore, to file cross-motions for summary judgment as promptly as practicable.
IT IS SO ORDERED.