Free Answer to Complaint - District Court of California - California

Case 3:07-cv-02411-JAH-JMA

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Filed 05/19/2008

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KAREN P. HEWITT United States Attorney MEGAN CALLAN Assistant U.S. Attorney California Bar No. 230329 United States Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 E-mail: [email protected] Attorneys for Defendants UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FARAMARZ RASSOULI, ZAHRA ) 12 RASSOULI, AND POUYA RASSOULI, ) ) 13 Plaintiffs, ) ) 14 v. ) ) 15 MICHAEL CHERTOFF, Secretary of U.S. ) Department of Homeland Security; ) 16 EMILIO GONZALEZ, Director; PAUL ) PIERRE, District Director; and MICHAEL ) 17 B. MUKASEY, Attorney General, ) ) 18 Defendants. ) ___________________________________ ) 19 20 Case No. 07cv2411-JAH (JMA) ANSWER TO COMPLAINT

COME NOW the Defendants, by and through their counsel, Karen P. Hewitt, United States

21 Attorney, and Megan Callan, Assistant United States Attorney, and in answer to the Plaintiffs' Complaint 22 for Relief in the Nature of Mandamus ("Complaint"), set forth the following: 23 1. Answering Paragraph 1 of the Complaint, with respect to the first sentence, Defendants admit

24 the allegations therein to the extent that Plaintiffs have represented to Defendants and the Court that they 25 currently reside within the jurisdiction of this Court. With respect to the second sentence, Defendants 26 admit the allegations therein to the extent that Plaintiffs have represented to Defendants and the Court 27 that they are married and that Pouya is their child. With respect to the third sentence, Defendants state 28 that the allegations contained therein are legal conclusions solely within the purview of the Court and

Case 3:07-cv-02411-JAH-JMA

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Filed 05/19/2008

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1 for its determination, and no answer is therefore required. To the extent an answer is required, the 2 allegations are denied. 3 2. Answering Paragraph 2 of the Complaint, with respect to the first through fourth sentences,

4 Defendants admit the allegations therein. With respect to the fifth sentence, Defendants state that the 5 allegations contained therein are legal conclusions solely within the purview of the Court and for its 6 determination, and no answer is therefore required. To the extent an answer is required, the allegations 7 are denied. With respect to the sixth sentence, Defendants state that each Defendant in his official 8 capacity oversees, in part, the processing or the adjudication of applications for permanent residence 9 within the United States of America. To the extent any further answer is required, the allegations are 10 denied. 11 3. Answering Paragraph 3 of the Complaint, Defendants state that the allegations contained

12 therein are legal conclusions solely within the purview of the Court and for its determination, and no 13 answer is therefore required. To the extent an answer is required, the allegations are denied. 14 15 4. Answering Paragraph 4 of the Complaint, Defendants admit the allegations therein. 5. Answering Paragraph 5 of the Complaint, Defendants are informed and upon that information

16 believe that the allegations contained therein are true. On this basis, Defendants admit the allegations 17 therein. To the extent any further answer is required, the allegations are denied. 18 19 20 6. Answering Paragraph 6 of the Complaint, Defendants deny the allegations therein. 7. Answering Paragraph 7 of the Complaint, Defendants deny the allegations therein. 8. Answering Paragraph 8 of the Complaint, Defendants state that the allegations contained

21 therein are legal conclusions solely within the purview of the Court and for its determination, and no 22 answer is therefore required. To the extent an answer is required, the allegations are denied. 23 24 9. Answering Paragraph 9 of the Complaint, Defendants deny the allegations therein. 10. Answering Paragraph 10 of the Complaint, Defendants state that the allegations contained

25 therein are legal conclusions solely within the purview of the Court and for its determination, and no 26 answer is therefore required. To the extent an answer is required, the allegations are denied. 27 // 28 // 2

Answer to Complaint

07cv2411

Case 3:07-cv-02411-JAH-JMA

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Filed 05/19/2008

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AFFIRMATIVE OR OTHER DEFENSES All allegations not here before specifically admitted, denied, or modified, are hereby denied. For

3 further and separate answer, Defendants allege as follows: 4 5 6 7 8 9 FIRST DEFENSE The Court lacks jurisdiction over the subject matter of this action. SECOND DEFENSE The Complaint fails to state a claim against the Defendants upon which relief can be granted. THIRD DEFENSE At all times alleged in the complaint, Defendants were acting with good faith, with justification,

10 and pursuant to authority. 11 12 FOURTH DEFENSE Defendants are processing the applications referred to in the Complaint to the extent possible at

13 this time. Accordingly, no relief as prayed for is warranted. 14 WHEREFORE, Defendants pray that Plaintiffs take nothing by reason of their suit herein, that

15 judgment be rendered in favor of Defendants, for costs of suit herein incurred, and for such other and 16 further relief as this court may deem proper. 17 DATED: May 19, 2008 18 19 20 21 22 23 24 25 26 27 28 3 s/ Megan Callan MEGAN CALLAN Assistant U.S. Attorney Attorneys for Defendants Respectfully submitted, KAREN P. HEWITT United States Attorney

Answer to Complaint

07cv2411

Case 3:07-cv-02411-JAH-JMA

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Filed 05/19/2008

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1 KAREN P. HEWITT United States Attorney 2 MEGAN CALLAN Assistant U.S. Attorney 3 California Bar No. 230329 United States Attorney's Office 4 880 Front Street, Room 6293 San Diego, California 92101-8893 5 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 6 E-mail: [email protected] 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FARAMARZ RASSOULI, ZAHRA ) 12 RASSOULI, AND POUYA RASSOULI, ) ) 13 Plaintiffs, ) ) 14 v. ) ) 15 MICHAEL CHERTOFF, Secretary of U.S. ) Department of Homeland Security; et al., ) 16 ) Defendants. ) 17 ___________________________________ ) 18 IT IS HEREBY CERTIFIED THAT: 19 20 I am not a party to the above-entitled action. I have caused to be served: ANSWER TO 21 COMPLAINT on the following party by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically provides notice. 22 Robert A. Mautino 23 Attorney for Plaintiffs [email protected] 24 I declare under penalty of perjury that the foregoing is true and correct. 25 Executed on May 19, 2008. 26 s/ Megan Callan Megan Callan 27 28 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. Case No. 07cv2411-JAH (JMA) CERTIFICATE OF SERVICE