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Keywords

plaintiffdefendantjurisdictionmotionnaturalizationmotion to dismiss
plaintiffdefendantjurisdictionmotionnaturalizationmotion to dismiss

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Mohammadi v. Scharfen

Facts

The plaintiff has been a lawful permanent resident of the United States since November 17, 1983. On July 20, 2006, he applied for naturalization with USCIS and received a receipt notice on July 27, 2006. Frustrated with the delay in the adjudication of his application, the plaintiff enlisted the assistance of Congressman Chris Van Hollen, who informed him that USCIS had notified him that the plaintiff's application was pending the completion of background checks. The plaintiff filed a complaint with the court on August 19, 2008, seeking to compel the defendants to adjudicate his application.

The plaintiff has been a lawful permanent resident of the United States since November 17, 1983. On July 20, 2006, he applied for naturalization with USCIS and received a receipt notice on July 27, 2006. Frustrated with the delay in the adjudication of his application, the plaintiff enlisted the assistance of Congressman Chris Van Hollen, who informed him that USCIS had notified him that the plaintiff's application was pending the completion of background checks. The plaintiff filed a complaint with the court on August 19, 2008, seeking to compel the defendants to adjudicate his application.

Issue

Whether the case should be transferred to the United States District Court for the District of Maryland or dismissed for lack of jurisdiction.

Whether the case should be transferred to the United States District Court for the District of Maryland or dismissed for lack of jurisdiction.

Rule

28 U.S.C. 1391(e) controls venue for actions against federal officials, allowing for venue in any district where a substantial part of the events giving rise to the claim occurred. 28 U.S.C. 1404(a) allows for transfer of a case for the convenience of parties and witnesses, in the interest of justice.

28 U.S.C. 1391(e) controls venue for actions against federal officials, allowing for venue in any district where a substantial part of the events giving rise to the claim occurred. 28 U.S.C. 1404(a) allows for transfer of a case for the convenience of parties and witnesses, in the interest of justice.

Analysis

The court found that the plaintiff could have brought the action in the District of Maryland because a substantial part of the events giving rise to the claim occurred there, including the plaintiff's fingerprinting and interview. The court also noted that the plaintiff consented to the transfer, and thus presumed that the convenience of the parties favored transfer. Additionally, the court found no indication that the convenience of witnesses would be adversely affected by the transfer.

The court found that the plaintiff could have brought the action in the District of Maryland because a substantial part of the events giving rise to the claim occurred there, including the plaintiff's fingerprinting and interview. The court also noted that the plaintiff consented to the transfer, and thus presumed that the convenience of the parties favored transfer. Additionally, the court found no indication that the convenience of witnesses would be adversely affected by the transfer.

Conclusion

The court granted the defendants' consent motion to transfer the case to the District of Maryland and denied without prejudice their motion to dismiss.

The court granted the defendants' consent motion to transfer the case to the District of Maryland and denied without prejudice their motion to dismiss.

Who won?

The defendants prevailed in the case as the court granted their motion to transfer, citing the convenience of the parties and the local interest in resolving the matter in Maryland.

The defendants prevailed in the case as the court granted their motion to transfer, citing the convenience of the parties and the local interest in resolving the matter in Maryland.

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