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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND OLEG A. KONOPLEV * * v. * Civil No. JFM-06-3415 * MICHAEL CHERTOFF, SECRETARY * ***** MEMORANDUM

Petitioner, who presently is in the United States with authorization to work, has filed an application with the Department of Homeland Security ("USCIS") for permanent residence. His application has been pending for almost five years. In this action he seeks an order compelling (1) the Federal Bureau of Investigation to complete the background check necessary under the law to process his permanent residence application, and (2) the USCIS to adjudicate the application. Respondents have filed a motion to dismiss on the ground that this court lacks subject matter jurisdiction to grant the relief requested by plaintiff. The motion will be granted. Judge Chasanow of this court recently has issued an opinion addressing the precise issues raised in this case and concluding that this court does not have subject matter jurisdiction to issue orders of the type requested by petitioner. Goumilevski v. Chertoff, Civil Action No. DKC-2006-3247 (July 27, 2007). I agree with Judge Chasanow's reasoning and the authorities she cites in her opinion. Accordingly, this matter will be dismissed for lack of subject matter jurisdiction. A separate order to that effect is being entered herewith.

Date: August 10, 2007

/s/ J. Frederick Motz United States District Judge

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND OLEG A. KONOPLEV * * v. * Civil No. JFM-06-3415 * MICHAEL CHERTOFF, SECRETARY * ***** ORDER

For the reasons stated in the accompanying memorandum, it is, this 10th day of August 2007 ORDERED 1. Respondent's motion to dismiss is granted; and 2. This action is dismissed for lack of subject matter jurisdiction.

/s/ J. Frederick Motz United States District Judge



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