Abuirshaid v. Johnson et al

Filing 13

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 12/21/2015. (mpha)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division OSAMA M. ABUIRSHAID, Plaintiff, Case No. l:15-cv-I113 V. JEH JOHNSON, e/fl/., Defendants. MEMORANDUM OPINION 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. 1. 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

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