CIS/FBI motion to dismiss for lack of jurisdiction denied

Today, Judge Susan Illston of the District Court for the Northern District of California ruled in a mandamus action filed by an N-400 applicant whose N-400 has been pending for close to two years without interview that defendants CIS' motion to dismiss the action for lack of jurisdiction is without merits and will be denied. Judge Illston also stated that for FBI, she would consider it more and a decision will be forthcoming. Regardless if FBI is on the hook, CIS cannot claim that federal court cannot hear plaintiffs' claims in N-400 cases where CIS failed to schedule interview due to the name check results delay from the FBI. This is a significant victory for N-400 applicants whose applications have been pending for a long time(usually more than one year). This victory provides people in similar situation an opportunity to seek remedies in federal courts.

Our motion for summary judgment has been filed and we will re-calender the hearing date once we receive judge's written decision. I anticipate client's N-400 will be adjudicated much sooner in light of the court ruling.


The following transaction was received from entered on 4/23/2008 10:56 AM and filed on 4/23/2008
Case Name:
Jiang v. Chertoff et al
Case Number:
3:08-cv-332
Filer:
Document Number:
16
Justin X. Wang justin@lawbw.com