Filin v. Department of Homeland Security, Michael Chertoff, Secretary et al

Filing 5

ORDER TO SHOW CAUSE Show Cause Response due by 9/5/2006. Response due by 9/19/2006. Signed by Judge Martin J. Jenkins on 7/31/2006. (mat, COURT STAFF) (Filed on 7/31/2006)

Filin v. Department of Homeland Security, Michael Chertoff, Secretary et al

Doc. 5

Case 3:06-cv-04280-MJJ

Document 5

Filed 07/31/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

11
For the Northern District of California

OLEG FILIN, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondents. /

No. C06-04280 MJJ ORDER TO SHOW CAUSE

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Before the court is Petitioner's Petition For Hearing On Naturalization Application pursuant to 8 U.S.C. § 1447(b). Petitioner applied for naturalization as a United States Citizen on December 6, 2004, and is petitioning for a judicial determination of her naturalization application and a declaration that she is entitled to be naturalized as a United States citizen. Pursuant to 8 U.S.C. § 1447(b), "[i]f there is a failure to make a [naturalization] determination . . . before the end of the 120-day period after the date on which the examination is conducted . . . the applicant may apply to the United States district court . . . for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter." The 120-day postexamination period begins to run once the U.S. Citizenship and Immigration Services ("CIS") conducts its initial naturalization interview. Al-Kudsi v. Gonzales, Case No. CV 05-1584-PK, 2006 WL 752556 *2 n.3 (D. Or. Mar. 22, 2006); Essa v. U.S. Citizenship and Immigration Services, 2005 WL 3440827, *2 (D.Minn.,2005).

Dockets.Justia.com

Case 3:06-cv-04280-MJJ

Document 5

Filed 07/31/2006

Page 2 of 2

1 2 3 4 5 6 7 8 9 10

Petitioner was examined by CIS on May 4, 2005, commencing the 120-day period within which the government must issue a naturalization ruling. The instant petition was filed on July 12, 2006, over one year after the CIS interview of Petitioner, and Respondents have not yet made a decision. Respondents cite ongoing security checks, but have failed to give good cause for the delay in completing these checks in a timely manner. Respondents are hereby ORDERED to show good cause, by SEPTEMBER 5, 2006, as to why the have not issued a naturalization decision. Petitioner may file a response to Respondents' brief by September 19, 2006. The parties' briefs are not to exceed 15 pages. Failure to respond will result in the Court's remanding the matter to the CIS for a expedited determination.

United States District Court

11
For the Northern District of California

IT IS SO ORDERED.

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: July 31, 2006 MARTIN J. JENKINS UNITED STATES DISTRICT JUDGE