Free Complaint - District Court of California - California

‘ ‘ Case 5:O7—cv-OBW-RS Document 1 Filed 06/1·>O7 Page 1 of 3 i
I Bernadette W. Connolly if-rt; :`’ · ’`` i g Q i
Law Offices of Bernadette W. Connolly i he W
2 i67I The Alameda. Suite 200 F
3 San jose. CA ‘}5i26 J E.; ... Birgit; I2 Q 3; 5*; -6% _
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5 `UNITEEID STATES DISTRECT C.O§;ti{€TE t' E ~ .
N()R'I"I-IER.N D.ISTREC.T OF CALIFORNIA
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7 Ahmed Saieh Nasser Ali
8 riamitr 80000001 t `
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IO Robert S. l\/lueiter. [Il. Director, Federal Bureau of )
Investigation, Michael Chertoff. Secretary of ) COI\/[PLAIN'? FOR RELIEF IN
I I Department of Hoineiand Security. and lirancis D. ) THE NATURE OI? i\/IAN.DAi\/I ES
Siciiiano. Oiiicer-ih~Charge, U.S. Citizenship and ) UNDER 8 USC. M2"?
i2 Immigration Services. Rosemary Melville, District Director )
I U.S. Citizenship and Immigration Services )
1 13 ) USCIS No. AI3 066 806
1 Defendants. )
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16 Plaintiff by his attorney. complaining o l` [Defendants as follows:
E7 I. idaintiffi Ahmed Saleh Nasser Ali, is a lawful perinanent resident ofthe limited States
18 who resides within the jurisdiction of this Court. Plaiiitiffis claim to relief arises under 8
19 ti.s.c. 1427.
20 2.. Defendant Robert Mueller, III is the Director ofthe Federal Bureau of Investigation.
2] an agency ofthe United States Cwovernrnent. and he is sued in his official capacity.
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Defendant Michael Chertoffis the Secretary ofthe Department of Ielomeiand Security
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24 and is sued herein in his official capacity. Defendant Francis D. Siciiiario is the Officer-
9 5 in·~Chargge of the San Jose USCIS office, and is sued in his official capacity. Rosemary
26 Meivilie is the District Director of the USCIS at San Francisco,CaIifornia, and is sued
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·» - Case 5:O7—cv-0iQ-RS Document 1 Filed 06/**007 Page 2 of 3
l in her official capacity. Plaintit“l°alleges that .De;l`end.ants have a role in the adjudication
2 ol` the application lor naturalization.
3 .,.. . . . .. .
3. The Court has _}Ll1"lS(ilCilU.l"l ol this action pursuant to 28 U.S.C. U3}. 28 U.S.C. 1361. 28
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li.S.C. l65l and 5 U.S.C. 701 et seq., and relief is requested pursuant to said statutes
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and 28 U.S.C. 2201.
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7 4. On or about December 14. 2005. `Plaintitt applied for naturalization with the USCIS
8 California Service Center (CSC) in Laguna Niguel, California.
9 5. in early 2006 Plaintit"l` was linger rinted for his naturalization a lication in San Jose.
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10 7. On April E8, 2006. Platntitt had his naturalization interview at the San jose U S(j.iS
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13 oltice. However. Plaintit”l"s application has not yet been adjudicated pending an PBI
} 4 name check.
15 8. To date. Pla.intit°t`s liBl narne check is not completed and Plaintiff` s naturalization
16 application remains pending.
E7 9. Defendants are taking no action on Plaintitl`s case in spite of the tact that over a year
2 lg has passed since Ptaintiff was ;tinge·rprinted and since Plaintiff had his naturalization
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interview.
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21 10. Plaintitl` has exhausted his administrative remedies.
ll. Defendants refusal to act in this case is. as a matter of law, arbitrar and not in
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23 accordance with the law.
24 l2. Piaintitif has been. and continues to be, greatly damaged by the failure ot` Detendants to
25 act in accord with their duties under the law.
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l3. The Defendants. in violation of the Administrative Procedures Act. 5 U.S.C. 70} et seq.
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are uniawtuliy withholding or unreasonably delaying action on Plaintit`f’ s naturalization.
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- » Case 5:O7—cv-O¥9-RS Document 1 Filed 06/‘2007 Page 3 of 3
1 application and have failed to carry out the adjudicative and administrative functions
2 delegated to them by law and regulation.
3 WHER`l5()E~`, Plaintiff prays:
4; A. That the Defendants be ordered to have their agents process this case to a conclusion,
6 B. For reasonable attorneys tees, and
7 C. For such other and further relietias to this Court rnay seem proper.
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9 e ef ga 3 l lt fa
Bernadette . Connolly
gg Law Oftices ot`Bernadette W. Connolly
Attorney for Plaintiff `
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Case 5:07-cv-03059-RS

Document 1

Filed 06/12/2007

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Case 5:07-cv-03059-RS

Document 1

Filed 06/12/2007

Page 2 of 3

Case 5:07-cv-03059-RS

Document 1

Filed 06/12/2007

Page 3 of 3