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Keywords

lawsuitplaintiffdefendantjurisdictionmotioncitizenshipnaturalizationmotion to dismiss

plaintiffdefendantjurisdictionmotionregulationnaturalizationmotion to dismiss

Related Cases

U.S. Ali v. Frazier

Facts

Plaintiffs applied to the United States Citizenship and Immigration Services (CIS) to become naturalized citizens. After becoming dissatisfied with the processing speed of their applications, they filed a lawsuit against CIS officials and the FBI Director, seeking to compel them to expedite the background checks and adjudicate their applications. Six of the seven applicants had their applications approved, rendering their claims moot, while the seventh applicant, Nasser Al-Selham, had been waiting for an interview for two years due to a pending FBI name check.

This leaves one remaining plaintiff, Nasser Al-Selham. The government moves to dismiss Al-Selham's claims, arguing that this Court does not have subject-matter jurisdiction over this action and that, on the merits, Al-Selham's complaint should be dismissed because he is not entitled to relief under either the Mandamus Act or the APA.

Issue

Whether the court has jurisdiction to compel CIS and the FBI to expedite the processing of naturalization applications and whether the plaintiffs have stated a valid claim under the Mandamus Act and the APA.

The government moves to dismiss Al-Selham's claims, arguing that this Court does not have subject-matter jurisdiction over this action and that, on the merits, Al-Selham's complaint should be dismissed because he is not entitled to relief under either the Mandamus Act or the APA.

Rule

The court held that under the APA, agencies must conclude matters presented to them within a reasonable time, and that mandamus relief is available to compel an agency to perform a non-discretionary duty.

The naturalization process begins when a non-citizen files with CIS an application for naturalization (Form N-400). By regulation, CIS must then 'complete an investigation' of the applicant. 8 C.F.R. 335.1.

Analysis

The court found that while the claims of six applicants were moot due to their applications being approved, the seventh applicant's claim against CIS was valid as CIS had a regulatory duty to adjudicate naturalization applications within a reasonable time. The court determined that the FBI did not have a duty to conduct a timely name check, thus dismissing the claims against the FBI Director. The court emphasized that the APA's duty of timeliness was sufficient to address the applicant's concerns without the need for mandamus.

The court holds that it does indeed have subject-matter jurisdiction over this action. On the merits, the Court dismisses all claims against the FBI and the mandamus claims against CIS; the Court does not, however, dismiss the APA claims against CIS.

Conclusion

The court granted the defendants' motion to dismiss the claims of six applicants and the claims against the FBI Director, but denied the motion regarding the seventh applicant's claims against CIS under the APA.

Defendants' motion to dismiss was granted as to six applicants and as to the seventh applicant's claims under 1361 and his APA claim against the FBI Director. The motion was otherwise denied.

Who won?

The defendants prevailed in the case as the court dismissed the claims of six applicants as moot and the claims against the FBI Director, finding no duty owed by the FBI.

The government contends that the Court lacks subject-matter jurisdiction over plaintiffs' mandamus and APA claims. The government is mistaken.

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