Free Answer to Complaint - District Court of California - California

Case 5:07-cv-03786-JF

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Filed 09/28/2007

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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 ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 ALEXANDER FURMAN, 13 14 15 16 17 18 19 20 21 22 The Defendants hereby submit their answer to Plaintiff's Petition for Hearing on UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) No. C 07-3786 JF 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. ) ________________________________________) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169

23 Naturalization Application Pursuant to 8 U.S.C. § 1447(b). 24 1. Paragraph One consists of Plaintiff's allegation regarding jurisdiction, to which no

25 responsive pleading is required; however, to the extent a responsive pleading is deemed necessary, 26 the Defendants deny that this Court has jurisdiction under any of the provisions cited in Paragraph 27 One. 28 2. Defendants admit the allegations in Paragraph Two. ANSWER C07-3786 JF

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3. Defendants admit the allegations in Paragraph Three. 4. Defendants admit the allegations in Paragraph Four. 5. Defendants admit the allegations in Paragraph Five. 6. Defendants admit the allegations in Paragraph Six. 7. Defendants admit the allegations in Paragraph Seven. 8. Paragraph Eight consists of Plaintiff's allegation regarding jurisdiction, to which no

7 responsive pleading is required; however, to the extent a responsive pleading is deemed necessary, 8 Defendant denies that this Court has jurisdiction under any of the provisions cited in Paragraph 9 Eight. 10 11 12 9. Defendants admit the allegations in Paragraph Nine. 10. Defendants admit that Plaintiff was interviewed on April 11, 2005. 11. Defendants admit the allegations in Paragraph Eleven with the exception that it was the

13 interview that was conducted. 14 12. Defendants are without sufficient information to admit or deny the allegations in

15 Paragraph Twelve. 16 13. Paragraph Thirteen consists of Plaintiff's characterizations of the lawsuit for which no

17 answer is required; however, to the extent that such allegations are deemed to require an answer, 18 Defendants deny the allegations contained in this paragraph. 19 14. Paragraph Fourteen consists of Plaintiff's conclusion of law for which no answer is

20 required. 21 22 15. Paragraph Fifteen consists of Plaintiff's conclusion of law for which no answer is required. The remaining paragraph consist of Plaintiff's prayer for relief, to which no admission or

23 denial is required; to the extent a responsive pleading is deemed to be required, Defendants deny 24 this paragraph. 25 26 27 28 FIRST AFFIRMATIVE DEFENSE The Court lacks jurisdiction over the subject matter of this action. SECOND AFFIRMATIVE DEFENSE The Complaint fails to state a claim against the Defendants upon which relief can be granted. ANSWER C07-3786 JF

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THIRD AFFIRMATIVE DEFENSE No acts or omissions by the United States or its employees were the proximate cause of any

3 injury or damages to the Plaintiff. 4 5 FOURTH AFFIRMATIVE DEFENSE At all times alleged in the complaint, Defendants were acting with good faith, with

6 justification, and pursuant to authority. 7 8 FIFTH AFFIRMATIVE DEFENSE The Defendants are processing the application referred to in the Petition to the extent possible

9 at this time. Accordingly, no relief as prayed for is warranted. 10 11 WHEREFORE, defendants pray for relief as follows: That judgment be entered for defendants and against plaintiff, dismissing plaintiff's Petition

12 with prejudice or remanding the matter to the agency pursuant to 8 U.S.C. § 1447(b); that plaintiff 13 takes nothing; and that the Court grant such further relief as it deems just and proper under the 14 circumstances. 15 Dated: September 28, 2007 16 17 18 19 20 21 22 23 24 25 26 27 28 ANSWER C07-3786 JF /s/ ILA C. DEISS Assistant United States Attorney Attorneys for Defendants Respectfully submitted, SCOTT N. SCHOOLS United States Attorney

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