Free Answer to Complaint - District Court of California - California

Case 3:07-cv-05092-EMC

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Filed 12/03/2007

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SCOTT N. SCHOOLS (SC 9990) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MELANIE L. PROCTOR (CSBN 228971) [email protected] Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6730 FAX: (415) 436-6927 Attorneys for Defendants

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to Fed. R. Civ. P. 25(d)(1), Michael B. Mukasey is substituted for his predecessor, Alberto Gonzales, as the United States Attorney General.
ANSWER C 07-5092 EMC *Pursuant

) ) Plaintiff, ) ) ) v. ) ) MICHAEL CHERTOFF, in his Official ) Capacity, Secretary, United States ) Department of Homeland Security; MICHAEL B. MUKASEY,* in his Official ) ) Capacity, Acting Attorney General, U.S. Department of Justice; DAVID N. STILL, in) ) his Official Capacity, District Director, United States Citizenship and Immigration ) ) Services; EMILIO GONZALEZ, in his ) Official Capacity, Director, Bureau of ) Citizenship and Immigration Services, ) Defendants. ) ) TAHSIN ALSHAHIN,

No. C 07-5092 EMC

ANSWER TO COMPLAINT

The Defendants hereby submit their answer to Plaintiff's Complaint in the Nature of Mandamus and for other Injunctive Relief. JURISDICTION AND VENUE 1. Paragraph One consists of Plaintiff's characterizations of this action for which no

answer is necessary; however, to the extent a response is deemed to be required, the Defendants

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deny the allegations therein. 2. 3. 4. 5. Defendants admit the allegations in Paragraph Two. Defendants deny the allegations in Paragraph Three. Defendants admit the allegations in Paragraph Four. Paragraph Five consists of Plaintiff's allegations regarding venue, to which no

responsive pleading is required. PARTIES 6. 7. Defendants deny the allegations in Paragraph Six. Defendants admit the allegations in Paragraph Seven, with the exception of the

second part of the first sentence. Defendants deny that Peter D. Keisler is the Attorney General of the United States. FACTS 8. 9. 10. 11. 12. 13. 14. 15. 16. Defendants admit the allegations in Paragraph Eight. Defendants admit the allegations in Paragraph Nine. Defendants admit the allegations in Paragraph Ten. Defendants admit the allegations in Paragraph Eleven. Defendants admit the allegations in Paragraph Twelve. Defendants admit the allegations in Paragraph Thirteen. Defendants admit the allegations in Paragraph Fourteen. Defendants admit the allegations in Paragraph Fifteen. Paragraph Sixteen consists of Plaintiff's characterizations of this action for which no

answer is necessary; however, to the extent a response is deemed to be required, the Defendants deny the allegations therein. 17. Paragraph Seventeen consists of Plaintiff's characterizations of this action for which

no answer is necessary; however, to the extent a response is deemed to be required, the Defendants deny the allegations therein. 18. Defendants admit that Plaintiff's wife is a United States citizen; however, Defendants

are without sufficient information to admit or deny the status of Plaintiff's son. Defendants are
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without sufficient information to admit or deny to admit the remaining allegations in this paragraph. 19. Defendants are without sufficient information to admit or deny the allegations in

Paragraph Nineteen, and on that basis, deny them. 20. Defendants are without sufficient information to admit or deny the allegations in

Paragraph Twenty, and on that basis, deny them. CLAIMS 21. 22. 23. Defendants deny the allegations in Paragraph Twenty-One. Defendants deny the allegations in Paragraph Twenty-Two. Defendants deny the allegations in Paragraph Twenty-Three.

The remaining allegations consists of Plaintiff's prayer for relief, to which no admission or denial is required; to the extent a responsive pleading is deemed to be required, Defendants deny these paragraphs. FIRST AFFIRMATIVE DEFENSE The Court lacks jurisdiction over the subject matter of this action SECOND AFFIRMATIVE DEFENSE The Complaint fails to state a claim against the Defendants upon which relief can be granted. THIRD AFFIRMATIVE DEFENSE No acts or omissions by the United States or its employees were the proximate cause of any injury or damages to the Plaintiff. FOURTH AFFIRMATIVE DEFENSE At all times alleged in the Complaint, Defendants were acting with good faith, with justification, and pursuant to authority. FIFTH AFFIRMATIVE DEFENSE The Defendants are processing the applications referred to in the Complaint to the extent possible at this time. Accordingly, no relief as prayed for is warranted. /// /// ///
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WHEREFORE, Defendants pray for relief as follows: That judgment be entered for Defendants and against Plaintiff, dismissing Plaintiff's Complaint with prejudice; that Plaintiff takes nothing; and that the Court grant such further relief as it deems just and proper under the circumstances. Dated: December 3, 2007 Respectfully submitted, SCOTT N. SCHOOLS United States Attorney /s/ MELANIE L. PROCTOR Assistant United States Attorney Attorneys for Defendants

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