Free Petition - District Court of California - California

. Case 5:07-cv-02545-HRL Document 1 Filed 05/14/2007 of 4.1 4 ` _
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1 Monica Kane, Cal. Bar #223261 _
_Jewish Family & Children's Services
1 2 2534 Judah Street -
I San Francisco, CA 94122 ` MA
i 3 Tel. (415) 449-2912 Y I 4 i
Fax (415) 449-2901 _ C 1;,CHA U?
4 Email: monica1<@jfcs.org · gs FE., 5 , /vgsmégg/tj Ugg] _ {E ,
1 M it tit tra;. 7 as
· 5 Attorneyfor Saul Relis E Q . m l of AL ERT'
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UNITED STATES DISTRICT COURT
1
NORTHERN DISTRICT OF CALIFORNIA C
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. Sa Relis, ) C1 n. - 1 _1_1
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I · Plaintiff, I ) PETITION FOR HEARING ON . .
U _ . ‘) NATURALIZATION APPLICATION
12 vs. ) PURSUANT TO 8 USC SECTION l447(b)
; Department of Homeland Security, Michael) USCIS Case No.: A 71 157 884 _
I 13 Chertoff, Secretary; United States )
M Citizenship and Immigration Services, ) ` _
Emilio T. Gonzalez, Director; United States )
E 1 5 Citizenship and Immigration Services, ) `
[ A Rosemary Melville, District Director; US )
16 Attorney General, Alberto Gonzales; g · ‘
_Federal Bureau of Investigation, Robert S. ) ` 1
1 17 Mueller, III, Director G . ) . .
) . ·
1 8 )
» Defendants. )
19 )
2 0 . ‘
21 Plaintiff, by his attorneys, complaining of Defendants, alleges as follows: ·
U .22 1. Plaintiff is an individual and resident ofthe United States who resides in the jurisdiction
· _ 23 of this Court. Plaintiff s claim to naturalization arises under 8_ United States Code
‘ I 24 " (hereinafter "USC") Section 1421. U I l I
25 2. Defendant Michael Chertoff is the Secretary ofthe‘Departrnent of Homeland Security ,
(hereinafter "DHS"). This action is brought against him in his official capacity. He is
Petition for Hearing on Naturaiization Application- 1

I I Case 5:07-cv-02545-HRL Document 1I Filed 05/14/2007 Page 2 of 4 I
1 generally charged with enforcement of the Immigration -and Nationality Act, and is
2 further authorized to delegate such powers and authority to subordinate employees of I I
3 . DHS. 8 U.S.C. §1103(a);I S-C.F.R. §2.1. I I I I _
4 3. Defendant Emilio T. Gonzalez is the Director of the United States Citizenship and
l . 5 Immigration Services (hereinafter ‘°USCIIS"), an agency within DHS to whom the I-
_ I 6 Secretary’s authority has in part been delegated and is subject to the Secretary’s I
I supervision. Defendant Director is generally charged with the overall administration of
8 . benefits and immigration services. _
9 4. Defendant Rosemary Melville is the Director of the San Francisco District ofUSCIS.
1 O She is generally charged with supervisory authority over all operations of USCIS within
- ll her District, including the San Francisco and San Jose Field Offices, with specific -
A2 exceptions not relevant here,8 C.F.R. §lO0.2(d)(2)(ii). _
13 5. Defendant Alberto Gonzales is the Attorney General of the United States. He is the _
I M head ofthe U.S. Department of Justice, which includes the Federal Bureau of
I - 15 Investigation (FBI). I _ I . I
I _ 1 6 6. Defendant Robert S. Mueller, III, is the Director ofthe FBI, the law enforcement agency I
U that conducts security clearances for other U.S. government agencies, such as the -
_ 18 Department of Homeland Security. As it will be shown, Defendant has failed to _
U A9 I complete the security clearances on Plaintiffs case. I - I
I I U 20 7. All Defendants are sued herein in their othcial capacities. Defendants from DHS and
_ p 2 II USCIS are responsible for the grant or denial of naturalization applications tiled inI the ·
. 22 San Francisco USCIS district pursuant to 8 USC Sections 1421, 1427 and 8 Code of I
23 Federal Regulations (hereinafter "CFR") Sections 2.1, 103.1(b), 310.2, 316.3.
I 24 _ Defendants from the Department of Justice are responsible for providing access to
I 25 - criminal history record information. I I ‘
I I Petition tor Hearing on Naturalization Application- 2 I

l l Case 5:07>cv—02545-HRL Document 1 Filed 05/14/2007 Page 3 of 4 l
1 8. The Court has jurisdiction of this action pursuant to 8 USC Sections 1447[li) and 2201.
2 9. On or about November 27, 2001, Plaintiff filed his application for naturalization with .
3 users. _ j
i 1 10. On or about April- 17, 2003, Defendants and their designated agent examined-Plaintiff ‘
[ 0 on his application at the USCIS San Jose Field-Office. - -
i j ` 0 11. At his examination, Defendants’ agent told Plaintiff that he passed his examination and l
' 7 . his application was recommended for approval. `
0 12. Plaintiff has inquired about the status of his naturalization application on his own and l
0 through his congressional representative. The inquiry responses confirmed that his
10 application is pending due to security checks. On April 10, 2007, Plaintiff s counsel
_1 1 . sent a letter to the District Director and indicated that Plaintiff would file this Petition
I 12 unless his case was adjudicated within -30 days. Neither Counsel nor Plaintiff has _ l
g 1 2 I received a response to this letter. l ‘
0 11 13. Plaintiff understands the necessity of background checks, but he was examined over _
1 _ an 15 four years ago and Defendants have made no decision on Plaintiffs application. ‘
-1 0 _ Defendants have been unable to provide any estimate as to when they will adj udicate th
‘ 17 application and most likely would allege that they cannot adjudicate it until the I
. ‘ _ 1 0 I background checks have been completed. It is P1aintiff’ s position that four years is
n . l 1 0 more than a reasonable amount of time in which to conduct background checks in this _
U 20 l I case. The FBI found no records relating to him when Plaintiff requested a copy of his _ -
‘- 21 FBI file. l . _ . l _ ` 0
22 14. The Defendants’ failure to make a determination of Plaintiffs application within 120
U ` 23 - I days after his examination allows Plaintiff to bring the matter to this Court for a hearing l l
n n 21 pursuant to 8 USC Section 1447(b). _
‘ 25 I I I 0
Pefition rar nearing on Naturalization App1ication— 3 I . - `

Z I Case 5:07-cv-02545-HRL Document 1 I Fi|e_dI05/14/2007 Page 4 of 4 T I
‘ 1 15. Plaintiff desires a judicial determination of his naturalization application and a _ T
2 I declaration that he is entitled to be naturalized as a citizen ofthe United States.
3 - WHEREFORE, Plaintiff prays that:
I 4 . l. The Court will hear Plaintiffs case and render a declaratory judgment that he is entitled I I
i 5 to be naturalized, and I
6 2. The Court grants such further relief as may be just, lawful and equitable to the premises.
7 . - ._ Dated this 1 lt" day of May, 2007 I
I 8 y
‘ Monica Kane . T I
I . 9 I - Jewish Family & Children‘s T
1 ‘ _ Services -
10 , 2534 Judah saga
I 1 I San Francisco, CA 94122.
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Petitton rex naa;1¤g on Naturalization Application- 4 .

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