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Keywords

plaintiffdefendantjurisdictionstatutemotionregulationcitizenshipnaturalizationmotion to dismiss
plaintiffdefendantjurisdictionstatutemotionregulationcitizenshipnaturalizationmotion to dismiss

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Khelifa v. Chertoff

Facts

Plaintiff Yahia Khelifa filed an application for naturalization on July 3, 2003, and was interviewed by the U.S. Citizenship and Immigration Services (CIS) on May 11, 2004. He was informed that he had satisfied most requirements for citizenship but that the agency was awaiting the results of a criminal background check. After 18 months without a decision, Khelifa filed suit on January 10, 2006, claiming the 120-day limit for a decision had expired.

Plaintiff Yahia Khelifa filed an application for naturalization on July 3, 2003, and was interviewed by the U.S. Citizenship and Immigration Services (CIS) on May 11, 2004. He was informed that he had satisfied most requirements for citizenship but that the agency was awaiting the results of a criminal background check. After 18 months without a decision, Khelifa filed suit on January 10, 2006, claiming the 120-day limit for a decision had expired.

Issue

Whether the 120-day period following the date of the 'examination' mandated by 8 U.S.C.S. 1446(d) had expired and whether the court had jurisdiction.

Whether the 120-day period following the date of the 'examination' mandated by 8 U.S.C.S. 1446(d) had expired and whether the court had jurisdiction.

Rule

The 120-day statutory decisionmaking period for naturalization applications commences when an applicant 'appear[s] in person before a Service officer' as provided in the CIS regulation that governs examinations, 8 C.F.R. 335.2.

The 120-day statutory decisionmaking period for naturalization applications commences when an applicant 'appear[s] in person before a Service officer' as provided in the CIS regulation that governs examinations, 8 C.F.R. 335.2.

Analysis

The court found that the 120-day period had begun when Khelifa was interviewed in May 2004, and thus had expired by the time he filed his suit in January 2006. The court rejected the defendants' argument that the period had not commenced until the completion of the criminal background check, agreeing with the majority view that the 'examination' referred to in the statute is a specific event, not an ongoing process.

The court found that the 120-day period had begun when Khelifa was interviewed in May 2004, and thus had expired by the time he filed his suit in January 2006. The court rejected the defendants' argument that the period had not commenced until the completion of the criminal background check, agreeing with the majority view that the 'examination' referred to in the statute is a specific event, not an ongoing process.

Conclusion

The court held that it had jurisdiction over the claim and denied the officials' motion to dismiss for lack of jurisdiction. It remanded the case to the CIS for further review of Khelifa's application.

The court held that it had jurisdiction over the claim and denied the officials' motion to dismiss for lack of jurisdiction. It remanded the case to the CIS for further review of Khelifa's application.

Who won?

Yahia Khelifa prevailed in establishing that the court had jurisdiction over his application for naturalization, as the court found that the 120-day period had expired.

Yahia Khelifa prevailed in establishing that the court had jurisdiction over his application for naturalization, as the court found that the 120-day period had expired.

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