Free Answer to Complaint - District Court of California - California

Case 5:07-cv-02546-HRL

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Filed 07/19/2007

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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 VLADIMIR BAGOTSKY, 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) No. C 07-2546 HRL 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. ) ________________________________________) The Defendants hereby submit their answer to Plaintiff's Petition for Hearing on 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 C07-2546 HRL

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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. Paragraph Seven consists of Plaintiff's conclusion of law for which no answer is required;

6 however, to the extent that such allegations are deemed to require an answer, Defendants deny the 7 allegations contained in this paragraph. 8 8. Paragraph Eight consists of Plaintiff's allegation regarding jurisdiction, to which no

9 responsive pleading is required; however, to the extent a responsive pleading is deemed necessary, 10 Defendant denies that this Court has jurisdiction under any of the provisions cited in Paragraph 11 Eight. 12 13 14 9. Defendants admit the allegations in Paragraph Nine. 10. Defendants admit the allegations in Paragraph Ten. 11. Defendants admit the allegations in Paragraph Eleven with the exception that it was the

15 interview that was conducted. The examination process is still ongoing as background checks 16 have not been returned. 17 12. Defendants are without sufficient information to admit or deny the allegations in

18 Paragraph Twelve. However, USCIS has records to indicate that a response was sent to the 19 plaintiff on October 31, 2006. 20 13. Paragraph Thirteen consists of Plaintiff's characterizations of the lawsuit for which no

21 answer is required; however, to the extent that such allegations are deemed to require an answer, 22 Defendants deny the allegations contained in this paragraph. 23 14. Paragraph Fourteen consists of Plaintiff's conclusion of law for which no answer is

24 required. 25 26 15. Paragraph Fifteen consists of Plaintiff's conclusion of law for which no answer is required. The remaining paragraphs consist of Plaintiff's prayer for relief, to which no admission or

27 denial is required; to the extent a responsive pleading is deemed to be required, the Defendants 28 deny these paragraphs. Answer C07-2546 HRL

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FIRST AFFIRMATIVE DEFENSE The court should dismiss the complaint under Fed. R. Civ. P. 12(b)(6) because Plaintiff fails to

3 state a claim upon relief may be granted. 4 5 WHEREFORE, Defendants pray for relief as follows: That judgment be entered for Defendants and against Plaintiff, dismissing Plaintiff's complaint

6 with prejudice; that Plaintiff take nothing; and that the Court grant such further relief as it deems 7 just and proper under the circumstances. 8 Dated: July 19, 2007 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Answer C07-2546 HRL /s/ ILA C. DEISS Assistant United States Attorney Attorneys for Defendants Respectfully submitted, SCOTT N. SCHOOLS United States Attorney

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