Free Answer to Complaint - District Court of California - California

Case 3:07-cv-05042-EDL

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Filed 12/04/2007

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1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division MELANIE L. PROCTOR, CSBN 228971 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 HUEY-CHIANG LIOU, 13 14 v. Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) No. C 07-5042 EDL ) ) ) ANSWER ) ) ) ) ) ) ) ) ) ) ) ) ) 21 22 Defendants hereby submit their answer to Plaintiff's Complaint for Writ in the Nature of Mandamus 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6730 FAX: (415) 436-6927

15 MICHAEL B. MUKASEY, * United States Attorney General; EMILIO GONZALEZ, 16 Director, U.S. Citizenship and Immigration Services; SCOTT SCHOOLS, United States 17 Attorney, California Northern District; ROSEMARY MELVILLE, San Francisco 18 District Director, U.S. Citizenship and Immigration Services; ROBERT S. MUELLER, 19 Director of Federal Bureau of Investigation, 20 Defendants

23 Under 8 U.S.C. Section 1447(b). 24 1. Paragraph One consists of Plaintiff's characterizations of law to which no responsive pleading

25 is required; to the extent an answer is required, Defendants deny the allegations therein. 26 /// 27 /// 28 *Pursuant to Fed. R. Civ. P. 25(d)(1), Michael B. Mukasey is substituted for his predecessor, Peter D. Keisler, as the United States Attorney General.
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PARTIES 2. Defendants admit the first sentence of Paragraph Two. Defendants deny the remaining

3 allegations. 4 5 6 7 8 9 10 3. Defendants deny the allegations in Paragraph Three. 4. Defendants admit the allegations in Paragraph Four. 5. Defendants admit the allegations in Paragraph Five. 6. Defendants admit the allegations in Paragraph Six. 7. Defendants admit the first sentence and deny the second sentence in Paragraph Seven. JURISDICTION 8. Paragraph Eight consists of Plaintiff's allegation regarding jurisdiction, to which no responsive

11 pleading is required; however, to the extent a responsive pleading is deemed necessary, Defendants 12 deny that this Court has jurisdiction under any of the provisions cited in Paragraph Eight. 13 14 VENUE 9. Paragraph Nine consists of Plaintiff's allegations regarding venue, to which no responsive

15 pleading is required. 16 17 INTRADISTRICT ASSIGNMENT 10. Paragraph Ten consists of Plaintiff's allegation regarding intradistrict assignment, to which no

18 responsive pleading is required. 19 20 21 22 23 24 EXHAUSTION OF REMEDIES 11. Defendants deny that Plaintiff has exhausted his administrative remedies. CAUSE OF ACTION 12. Defendants admit the allegations in Paragraph Twelve. 13. Defendants admit the allegations in Paragraph Thirteen. 14. Defendants deny the allegations in Paragraph Fourteen. Plaintiff was interviewed, not

25 examined, on March 20, 2003. 26 15. Defendants deny the allegations in Paragraph Fifteen. Defendants sent Plaintiff a notice for

27 an interview for March 20, 2003. 28 16. Defendants deny the first sentence in Paragraph Sixteen. Plaintiff was interviewed, not
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1 examined on March 20, 2003. Defendants admit that Plaintiff has passed the English and Civics tests, 2 and that his application has been pending for security checks. 3 4 5 6 17. Defendants admit the allegations in Paragraph Seventeen. 18. Defendants admit the allegations in Paragraph Eighteen. 19. Defendants admit the allegations in Paragraph Nineteen. 25. Paragraph Twenty-Five1 consists of Plaintiff's characterizations of law to which no responsive

7 pleading is required; however, to the extent a responsive pleading is deemed necessary, Defendants are 8 without sufficient information to admit or deny the allegations in this paragraph. 9 10 11 26. Defendants deny the allegations in Paragraph Twenty-Six. 27. Defendants deny the allegations in Paragraph Twenty-Seven. 28. Paragraph Twenty-Eight consists of Plaintiff's characterizations of law to which no responsive

12 pleading is required; however, to the extent a responsive pleading is deemed necessary, Defendants are 13 without sufficient information to admit or deny the allegations in this paragraph. 14 15 PRAYER 29. Paragraph Twenty-Nine consists of Plaintiff's prayer for relief and request for fees, to which

16 no admission or denial is required; to the extent a responsive pleading is deemed to be required, 17 Defendants deny this paragraph. 18 19 AFFIRMATIVE AND/OR OTHER DEFENSES All allegations not here before specifically admitted, denied, or modified are hereby denied. For

20 further and separate answer, Defendants allege as follows: 21 22 23 24 25 26 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

27 or damages to the Plaintiff. 28
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The Complaint does not include Paragraphs 20-24. 3

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FOURTH AFFIRMATIVE DEFENSE At all times alleged in the complaint, Defendants were acting with good faith, with justification,

3 and pursuant to authority. 4 5 FIFTH AFFIRMATIVE DEFENSE The Defendants are processing the application referred to in the Complaint to the extent possible

6 at this time. Accordingly, no relief as prayed for is warranted. 7 8 WHEREFORE, Defendants pray for relief as follows: That judgment be entered for Defendants and against Plaintiff, dismissing Plaintiff's Complaint

9 with prejudice; that Plaintiff takes nothing; and that the Court grant such further relief as it deems just 10 and proper under the circumstances. 11 Date: December 4, 2007 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ANSWER 07-5042 EDL

Respectfully submitted, SCOTT N. SCHOOLS United States Attorney /s/ MELANIE L. PROCTOR Assistant United States Attorney Attorneys for Defendants

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