The opinion of the court was delivered by: SWEET
The plaintiffs, nationals of the People's Republic of China who entered the United States without inspection or parole (the "Plaintiffs"), have moved pursuant to Local Civil Rule 6.3 to reargue the Court's opinion dated January 13, 1998, denying the Plaintiffs' motion for summary judgment and granting the defendant's, the Attorney General of the United States (the "Government"), cross-motion for summary judgment. For the reasons set forth below, Plaintiffs' motion is denied.
Plaintiffs are nationals of the People's Republic of China (the "PRC") residing in the United States. All entered the United States without inspection and admission or parole ("E.W.I. PRC nationals") on or before April 11, 1990.
Janet Reno is the Attorney General and head of the Department of Justice of the United States.
Prior Proceedings and Facts
The prior proceedings and factual background of this case are set forth in the prior opinions of the Court, familiarity with which is assumed. See Chan v. Reno, 991 F. Supp. 266 (S.D.N.Y. 1998); Chan v. Reno, 1997 U.S. Dist. LEXIS 3016, No. 95 Civ. 2586, 1997 WL 122783 (S.D.N.Y. 1997); Chan v. Reno, 916 F. Supp. 1289 (S.D.N.Y.), reconsideration denied, 932 F. Supp. 535 (S.D.N.Y. 1996).
Plaintiffs filed the instant motion to reargue on January 21, 1998. The motion was deemed fully submitted without argument on April 22, 1998.
I. Standard For Motions To Reconsider
Local Rule 6.3 provides in pertinent part: "There shall be served with the notice of motion a memorandum setting forth concisely the matters or controlling decisions which counsel believes the court has overlooked." Thus, to be entitled to reargument, the movant must demonstrate that the Court overlooked controlling decisions or factual matters that were put before it on the underlying motion. See Ameritrust Co. Nat'l Ass'n v. Dew, 151 F.R.D. 237, 238 (S.D.N.Y. 1993); Fulani v. Brady, 149 F.R.D. 501, 503 (S.D.N.Y. 1993) aff'd sub nom. Fulani v. Bentsen, 35 F.3d 49 (2d Cir. 1994).
Local Rule 6.3 is to be narrowly construed and strictly applied so as to avoid repetitive arguments on issues that have been considered fully by the court. American Alliance v. Eagle Ins., 163 F.R.D. 211, 213 (S.D.N.Y. 1995) (citing Caleb & Co. v. E.I. DuPont De Nemours & Co., 624 F. Supp. 747, 748 (S.D.N.Y. 1985)). Nor may a party "advance new facts, issues or arguments not previously presented to ...