Mandamus Jurisdiction Victory

February 19th, 2007

The United States District Court for the District of Oregon held in favor of the alien in compelling the USCIS and FBI to adjudicate the alien’s long-pending Form I-751 petition to remove the conditions on his residency and Form N-400 Naturalization Application.  On 4/29/04, Lazli filed Form N-400 to naturalize.  On June 5, 2006, the USCIS sent him a notice of an interview, but then cancelled this interview through a notice on July 3, 2006.  It never rescheduled the N-400 interview.  On November 4, 2005, Lazli filed among others a mandamus action compelling the USCIS to adjudicate the Form I-751, to complete the security checks within 90 days and to adjudicate the N-400 within 120 days of the court’s order.  The USCIS claimed that it had no jurisdiction because Lazli failed to establish the nondiscretionary duty to adjudicate the I-751.  The Court found for Lazli:

“Although in her Findings and Recommendation, the Magistrate Judge’s conclusion arose under a mandamus action, the reasoning applies equally under § 1252. Because Plaintiffs have established Defendants’ duty to adjudicate Plaintiffs Form I-751 and Naturalization Application within a reasonable time is ministerial and so plainly prescribed as to be free from doubt for purposes of mandamus relief, the Court concludes Plaintiffs have also established Defendants’ duty to adjudicate Plaintiffs’ Form I-751 and Lazli’s Application for Naturalization within a reasonable time is not a discretionary duty over which the Court lacks jurisdiction under § 1252.”  Lazli v. USCIS, Feb. 12, 2007.

The court ordered that the FBI complete its name and fingerprint checks by May 14, 2007, adjudicate the N-400 by June 13, 2007 and send a copy of the N-400 decision to the court within five days of adjudication.