Abuirshaid v. Johnson et al
MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 12/21/2015. (mpha)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
OSAMA M. ABUIRSHAID,
Case No. l:15-cv-I113
JEH JOHNSON, e/fl/.,
In this suit, a naturalization applicant seeks mandamus and injunctive relief
against officials of the Department of Homeland Security ("DHS"), whom he alleges
have unreasonably delayed and denied action on his naturalization application on
unconstitutional grounds, including his nationality (Jordanian), ethnicity (Arab), and
religion (Muslim). Defendants have moved to dismiss for lack of jurisdiction and for
failure to state a claim. As the matter has been fully briefed and argued, it is now ripe for
disposition. For the reasons stated here, defendants' motions must be granted both
because plaintiff has failed to exhaust his administrative remedies and because there is no
factual or legal basis for a writ of mandamus.
Before setting forth the facts, it is useful to describe briefly the statutory context
pertinent to the naturalization application process. Sections 1427 and 1429 of Title 8
provide that "[n]o person ... shall be naturalized unless," inter alia, (i) he has been
lawfully admitted to the United States for permanent residence, and thereafter "resided
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?