Free Amended Complaint - District Court of California - California

Case 5:07—cv—03059-RS Document 3 Filed 06/22/2007 Page 1 of 3
I Bernadette Willeke Connolly, CA State Bar No. 194633 _ A
Law Offices of Bernadette W. Connolly ·*I‘ 1-— V ‘1 -
2 1671 The Alameda, Suite 200 ‘I' I ';_»;j:¢ »—-.
3 San Jose, CA 95I26 ( i`
Tel: (408) 287-0383 2 I
4 Fax: (408) 287-4260 HICHHW 2
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5 UNITED STATES DISTRIQOII I£IQ`['%{`gl9UI?ir
NORTHERN DISTRICT OF CALI RNS ' 'FORNIA
6
7 Ahmed Saleh Nasser Ali
8 Plaintiff ) C07 03059
)
9 -vs- )
)
10 Robert S. Mueller, III, Director, Federal Bureau of ) AMENDED
Investigation, Michael Chertoff, Secretary of ) COMPLAINT FOR RELIEF IN
I I Department of Homeland Security. and Francis D. ) THE NATURE OF MANDAMUS
Siciliano, Officer—in Charge. U.S. Citizenship and )
12 Immigration Services, Rosemary Melville, District Director )
U.S. Citizenship and Immigration Services )
13 ) USCIS No. A44 652 217
Defendants. )
I4 ____£_____#_{____j____?,)
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16 Plaintiff by his attorney. amends thc previously filed Complaint to reflect the correct USCIS
1 7 Number. The correct number is A44 652 217. Plaintiff by his attorney, is complaining of
ig Defendants as follows:
19 1. Plaintiff. Ahmed Saleh Nasser Ali, is a lawful permanent resident ofthe United States
29 who resides within the jurisdiction of this Court. Plaintiffs claim to relief arises under 8
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U.S.C. 1427.
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2. Defendant Robert S. Mueller, Ill is the Director ofthe Federal Bureau of Investigation,
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U4 an agency ofthe United States Government, and he is sued in his official capacity.
25 Defendant Michael Chertoff is the Secretary of the Department ofHomeland Security
26 and is sued herein in his official capacity. Defendant Francis D. Siciliano is the Officer-
27 in-Charge ofthe San lose USCIS office, and is sued in his official capacity. Rosemary
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Case 5:07—cv—03059-RS Document 3 Filed 06/22/2007 Page 2 of 3
I Melville is the District Director of the USCIS at San Francisco.California. and is sued
2 in her official capacity. Plaintiff alleges that Defendants have a role in the adjudication
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ofthe application for naturalization.
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3. The Court hasjurisdiction ofthis action pursuant to 28 U.S.C. l33l, 28 U.S.C. 1361, 28
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6 U.S.C. l65l and 5 U.S.C. 70l et seq., and reliefis requested pursuant to said statutes
7 and 28 U.S.C. 2201.
8 4. On or about December 14, 2005, Plaintiff applied for naturalization with the USCIS
9 California Service Center (CSC) in Laguna Niguel, California.
IO 5. In early 2006 Plaintiff was fingerprinted for his naturalization application in San Jose,
I I . .
California.
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13 7. On April 18, 2006. Plaintiff had his naturalization interview at the San Jose USCIS
1 4 office. However, Plaintiffs application has not yet been adjudicated pending an P BI
15 name cheek.
I6 8. To date, Plaintiffs FBI name check is not completed and Plaintiffs naturalization
I 7 application remains pending.
1 8 9. Defendants are taking no action on Plaintiffs case in spite ofthe fact that over a year
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has passed since Plaintiff was fingerprinted and since Plaintiff had his naturalization
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interview.
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22 I0. Plaintiff has exhausted his administrative remedies.
23 l l . Defendants refusal to act in this case is. as a matter of law, arbitrary and not in
24 accordance with the law.
25 12. Plaintiff has been, and continues to be. greatly damaged by the failure of Defendants to
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act in accord with their duties under the law.
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Case 5:07—cv—03059-RS Document 3 Filed 06/22/2007 Page 3 of 3
1 13. The Defendants, in violation ofthe Administrative Procedures Act. 5 U.S.C. 701 et seq.
2 are unlawfully withholding or unreasonably delaying action on PlaintifF s naturalization
3 application and have failed to carry out the adjudicative and administrative functions
_; delegated to them by law and regulation.
6 WHEREOF,Plaintift`prays:
7 A. That the Defendants be ordered to have their agents process this case to a conclusion,
8 B. For reasonable attorneys fees. and
9 C. For such other and further relief as to this Court may seem proper.
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11 Dated: pm; 22. ZQO} ggihérxgjgg CD!/JM/Ojziiaéf
1,) ernadette . Connolly
“ Law Offices of Bernadette W. Connolly
1 3 Attorney for Plaintiff
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Case 5:07-cv-03059-RS

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