Thanh Bui v. Mr Eric H. Holder, et al.

Filing 3

[IN CHAMBERS] ORDER TO SHOW CAUSE REGARDING JURISDICTION by Judge Andrew J. Guilford. (See document for details.) Accordingly, the Court orders Plaintiff to show cause in writing within 14 days of the date of this Order why this Court has jurisdiction over this case. Defendants may submit a response in the same time period. (rla)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL
Case No.

SACV 13-0088 AG (JPRx)

Title

THANH V. BUI v. ERIC H. HOLDER, et al.

Present: The
Honorable

January 28, 2013

Not Present
Court Reporter / Recorder

Tape No.

ANDREW J. GUILFORD

Lisa Bredahl
Deputy Clerk
Attorneys Present for Plaintiffs:

Proceedings:

Date

Attorneys Present for Defendants:

[IN CHAMBERS] ORDER TO SHOW CAUSE REGARDING
JURISDICTION

Plaintiff Thanh V. Bui (“Plaintiff”) filed a complaint with this Court asking the Court to
review Plaintiff’s naturalization application. Plaintiff claims this Court has jurisdiction to
do so under 8 U.S.C. § 1447, which provides:
If there is a failure to make a determination [of a naturalization application]
under section 1446 of this title before the end of the 120-day period after
the date on which the examination is conducted under such section, the
applicant may apply to the United States district court for the district in
which the applicant resides for a hearing on the matter.
8 U.S.C. § 1447 (emphasis added).
In this case, it appears that United States Citizenship and Immigration Services has made
a determination by denying Plaintiff’s application. (See Compl., Dkt. No. 1, at 6 (alleging
that Plaintiff received a letter stating he was ineligible for naturalization due to his
absence from the United States for more than six months).) It also appears that Plaintiff
has failed to sue the proper parties. Under 8 C.F.R. § 336.9, a naturalization applicant
CIVIL MINUTES - GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL
Case No.

SACV 13-0088 AG (JPRx)

Date

Title

January 28, 2013

THANH V. BUI v. ERIC H. HOLDER, et al.

must bring the petition for review against USCIS, which is not named as a defendant in
this case.
Accordingly, the Court orders Plaintiff to show cause in writing within 14 days of the
date of this Order why this Court has jurisdiction over this case. Defendants may submit
a response in the same time period.

:
Initials of
Preparer

CIVIL MINUTES - GENERAL
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