What is the test for dismissing a motion to dismiss a petition brought by the Department of Justice against the US Department of Health and Social Security?
MultiRegion, United States of America
The following excerpt is from Serrano-Villegas v. I.N.S., 116 F.3d 1486 (9th Cir. 1997):
In accordance with our opinion in Duldulao v. INS, 90 F.3d 396 (9th Cir.1996), we grant the government's motion to dismiss the petition for lack of jurisdiction.
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