Farooqi et al v. Holder et al

Filing 6

ORDER DENYING plaintiffs' motion to reconsider (doc. 4 ). IT IS FURTHER ORDERED GRANTING defendants' motion to dismiss (doc. 5 ). The clerk shall enter final judgment. Signed by Judge Frederick J Martone on 1/7/2013.(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Haroon Rashid Farooqi; Asyah Farooqi, )
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Plaintiffs,
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vs.
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Eric Himpton Holder, Jr., et al.,
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Defendants.
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No. CV 12-01993-PHX-FJM
ORDER

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The court has before it plaintiffs’ “Motion to Reconsider the Claim Relief Sought”

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(doc. 4), and defendants’ motion to dismiss (doc. 5). Plaintiffs did not respond to the motion

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to dismiss and the time for doing so has expired. Plaintiffs’ failure to respond may be

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deemed a consent to the granting of the motion and we may dispose of the motion

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summarily. LRCiv 7.2(i).

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Plaintiffs Haroon Farooqi and Asyah Farooqi were born in Afghanistan and have been

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lawful permanent residents of the United States since March 10, 2007, and November 29,

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2005, respectively. Haroon Farooqi applied for naturalization on August 15, 2011, and

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Asyah Farooqi applied for naturalization on December 16, 2011. On September 19, 2012,

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plaintiffs filed this action to compel defendants to schedule naturalization interviews and to

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adjudicate their applications within 120 days of the interview.

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On November 8, 2012, plaintiffs filed a “Motion to Reconsider the Claim Relief

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Sought,” in which plaintiffs acknowledge that interviews were held on October 31, 2012.

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Therefore, to the extent the motion is construed as a request to compel an interview, the

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motion is denied as moot (doc. 4).

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An applicant for naturalization may apply to the District Court if there is a failure to

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make a determination on a naturalization application “before the end of the 120-day period

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after the date on which the examination is conducted.” 8 U.S.C. § 1447(b). Plaintiffs were

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interviewed on October 31, 2012, therefore the 120-day period has not yet expired. There

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has been no adverse decision on the naturalization applications and the government has not

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exceeded the 120-day period to act. Accordingly, because this case is no longer ripe, the

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motion to dismiss is granted (doc. 5).

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IT IS ORDERED DENYING plaintiffs’ motion to reconsider (doc. 4). IT IS

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FURTHER ORDERED GRANTING defendants’ motion to dismiss (doc. 5). The clerk

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shall enter final judgment.

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DATED this 7th day of January, 2013.

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