Lien v. United States Citizenship and Immigration Services et al

Filing 6

ORDER granting 1 Petition. The government shall promptly issue an amended Naturalization Certificate to Plaintiff that reflects the correct June 6, 1953 date of birth. Signed by Magistrate Judge Nancy Joseph on 12/19/2013. (cc: all counsel)(llc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

HUE THANG LIEN
A023-872-257
Plaintiff,
v.

Case No. 13-CV-1241

UNITED STATES CITIZENSHIP &
IMMIGRATION SERVICES;
MARK J. HAZUDA,
District Director, Nebraska Service Center, U.S.
Citizenship and Immigration Services,
Defendants.

ORDER
Plaintiff Hue Thang Lien filed this action on November 4, 2013, asking this Court to
order the government to change the date of birth on his Naturalization Certificate from June
6, 1955, to his correct date of birth, June 6, 1953. The incorrect date of birth was not the
result of a clerical error by the United States Citizenship and Immigration Services (USCIS);
rather, it was due to information understood by the Plaintiff at that time, which he has since
discovered to be in error.
USCIS does not oppose the requested change to Plaintiff’s Naturalization Certificate
as there is no evidence that Plaintiff or his family acted fraudulently, and Plaintiff has
provided reliable evidence of his correct date of birth. Accordingly, the government has
stated that it does not oppose Plaintiff’s request for a corrected Naturalization Certificate.
Although USCIS may not have administrative power to change the date of birth on
the Plaintiff’s Naturalization Certificate, this Court has the power to order the amendment.

See Chong Soo Pyunv. Jarina, 2009 U.S. Dist. LEXIS 49209, at *4-5 (W.D. Tenn. 2009);
Hussain v. United States Citizenship and Immigration Services, 541 F. Supp. 2d 1083, 1085 (D.
Minn. 2008); Zhang v. United States Department of Homeland Security, 2007 U.S. Dist. LEXIS
53854, at *2 (N.D.N.Y. 2007).
Accordingly, IT IS HEREBY ORDERED that the Plaintiff’s request for amendment
to his Naturalization Certificate is GRANTED. The government shall promptly issue an
amended Naturalization Certificate to Plaintiff that reflects the correct June 6, 1953 date of
birth.
IT IS FURTHER ORDERED that this case be DISMISSED WITH PREJUDICE
without an award of costs or fees to either party.

Dated at Milwaukee, Wisconsin this 19th day of December, 2013.

BY THE COURT:
s/Nancy Joseph
________
NANCY JOSEPH
United States Magistrate Judge

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