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Keywords

plaintiffdefendantjurisdictiondiscoverymotioncitizenshipnaturalizationmotion to dismiss
plaintiffdefendantjurisdictiondiscoverymotioncitizenshipnaturalizationmotion to dismiss

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Litvin v. Chertoff

Facts

Plaintiff Simon Litvin is a native of Russia and a lawful permanent resident of the United States. On April 13, 2006, Plaintiff filed a Form N-400 application for naturalization with the U.S. Citizenship and Immigration Services ("USCIS"). On June 19, 2006, a name-check request was submitted to the Federal Bureau of Investigation ("FBI"), and on July 12, 2006, Plaintiff was fingerprinted. Approximately two years and four months after Plaintiff was fingerprinted, Plaintiff's naturalization application is still pending in the name-check stage. Plaintiff filed a mandamus action to compel various individuals and entities responsible for the adjudication of his naturalization application to proceed with the name check and otherwise adjudicate the application.

Plaintiff Simon Litvin is a native of Russia and a lawful permanent resident of the United States. On April 13, 2006, Plaintiff filed a Form N-400 application for naturalization with the U.S. Citizenship and Immigration Services ("USCIS"). On June 19, 2006, a name-check request was submitted to the Federal Bureau of Investigation ("FBI"), and on July 12, 2006, Plaintiff was fingerprinted. Approximately two years and four months after Plaintiff was fingerprinted, Plaintiff's naturalization application is still pending in the name-check stage. Plaintiff filed a mandamus action to compel various individuals and entities responsible for the adjudication of his naturalization application to proceed with the name check and otherwise adjudicate the application.

Issue

Whether the district court has subject matter jurisdiction to compel the adjudication of the plaintiff's naturalization application and whether the defendants have a nondiscretionary duty to act on the application.

Whether the district court has subject matter jurisdiction to compel the adjudication of the plaintiff's naturalization application and whether the defendants have a nondiscretionary duty to act on the application.

Rule

The APA, in conjunction with 1331, provides courts with jurisdiction to compel agency action unlawfully withheld or unreasonably delayed. The government has a nondiscretionary duty to act on applications by processing them within a reasonable time.

The APA, in conjunction with 1331, provides courts with jurisdiction to compel agency action unlawfully withheld or unreasonably delayed. The government has a nondiscretionary duty to act on applications by processing them within a reasonable time.

Analysis

The court disagreed with the defendants' interpretation that the government had discretion over the timing of the background check and investigation. It held that the government has a nondiscretionary duty to act on applications, which is consistent with 555(b) of the APA. The court found that the delay in adjudicating the plaintiff's application for approximately two years and four months could be considered unreasonable, and thus the question of whether the delay was unreasonable should be addressed after discovery.

The court disagreed with the defendants' interpretation that the government had discretion over the timing of the background check and investigation. It held that the government has a nondiscretionary duty to act on applications, which is consistent with 555(b) of the APA. The court found that the delay in adjudicating the plaintiff's application for approximately two years and four months could be considered unreasonable, and thus the question of whether the delay was unreasonable should be addressed after discovery.

Conclusion

The defendants' motion to dismiss was denied, allowing the plaintiff's claim to proceed.

The defendants' motion to dismiss was denied, allowing the plaintiff's claim to proceed.

Who won?

The plaintiff, Simon Litvin, prevailed because the court found that he had demonstrated a proper basis for subject matter jurisdiction and that the government had a nondiscretionary duty to act on his application.

The plaintiff, Simon Litvin, prevailed because the court found that he had demonstrated a proper basis for subject matter jurisdiction and that the government had a nondiscretionary duty to act on his application.

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