Free Answer to Complaint - District Court of California - California

Case 3:07-cv-04350-JL

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Filed 11/02/2007

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1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division MELANIE L. PROCTOR, CSBN 228971 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 The Defendants hereby submit their answer to Plaintiff's Petition for Hearing on Naturalization ) ) No. C 07-4350 CRB ) Plaintiff, ) ) v. ) ANSWER ) Department of Homeland Security, MICHAEL ) CHERTOFF, Secretary; United States ) Citizenship and Immigration Services, EMILIO ) T. GONZALEZ, Director; United States ) Citizenship and Immigration Services, ) ROSEMARY MELVILLE, District Director; ) U.S. Attorney General, ALBERTO GONZALES; ) Federal Bureau of Investigation, ROBERT S. ) MUELLER, III, Director, ) ) Defendants. ) ________________________________________) LYUBOV MOROZOVA, 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6730 FAX: (415) 436-6927

23 Application Pursuant to 8 U.S.C. Section 1447(b). 24 25 26 27 28 1. Defendants admit the allegations in Paragraph One. 2. Defendants admit the allegations in Paragraph Two. 3. Defendants admit the allegations in Paragraph Three. 4. Defendants admit the allegations in Paragraph Four. 5. Defendants admit the allegations in Paragraph Five.
ANSWER C07-4350 CRB

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6. Defendants admit that Robert S. Mueller is the Director of the Federal Bureau of Investigation,

2 but deny the remaining allegations in Paragraph Six. 3 4 7. Defendants admit the first two sentences and deny the third sentence in Paragraph Seven. 8. Paragraph Eight consists of Plaintiff's allegation regarding jurisdiction, to which no responsive

5 pleading is required; however, to the extent a responsive pleading is deemed necessary, Defendants 6 deny that this Court has jurisdiction under any of the provisions cited in Paragraph Eight. 7 8 9 9. Defendants admit the allegations in Paragraph Nine. 10. Defendants admit that Plaintiff was interviewed on January 27, 2006. 11. Defendants admit that Plaintiff was interviewed and passed her English and Civics tests.

10 Defendants admit the allegation that her FBI background checks are still pending. 11 12 12. Defendants admit the allegations in Paragraph Twelve. 13. Paragraph Thirteen consists of Plaintiff's characterizations of the lawsuit to which no

13 responsive pleading is required; however, to the extent a responsive pleading is deemed necessary, 14 Defendants deny the allegations in Paragraph Thirteen. 15 16 14. Defendants deny the allegations in Paragraph Fourteen. 15. Paragraph Fifteen consists of Plaintiff's characterizations of the lawsuit to which no responsive

17 pleading is required; however, to the extent a responsive pleading is deemed necessary, Defendants 18 deny the allegations in Paragraph Fifteen. 19 The remaining paragraphs consist of Plaintiff's prayer for relief, to which no admission or denial

20 is required; to the extent a responsive pleading is deemed to be required, Defendants deny these 21 paragraphs. 22 23 24 25 26 27 FIRST AFFIRMATIVE DEFENSE The Court lacks jurisdiction over the subject matter of this action. SECOND AFFIRMATIVE DEFENSE The Petition fails to state a claim against the Defendants upon which relief can be granted. THIRD AFFIRMATIVE DEFENSE No acts or omissions by the United States or its employees were the proximate cause of any injury

28 or damages to the Plaintiff.
ANSWER C07-4350 CRB

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FOURTH AFFIRMATIVE DEFENSE At all times alleged in the complaint, Defendants were acting with good faith, with justification,

3 and pursuant to authority. 4 5 FIFTH AFFIRMATIVE DEFENSE The Defendants are processing the application referred to in the Petition to the extent possible at

6 this time. Accordingly, no relief as prayed for is warranted. 7 8 WHEREFORE, Defendants pray for relief as follows: That judgment be entered for Defendants and against Plaintiff, dismissing Plaintiff's Petition with

9 prejudice; that Plaintiff takes nothing; and that the Court grant such further relief as it deems just and 10 proper under the circumstances. 11 Date: November 2, 2007 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ANSWER C07-4350 CRB

Respectfully submitted, SCOTT N. SCHOOLS United States Attorney /s/ MELANIE L. PROCTOR Assistant United States Attorney Attorneys for Defendants

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