Free Answer to Complaint - District Court of California - California

Case 3:07-cv-04858-MEJ

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Filed 11/19/2007

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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 EDWARD A. OLSEN, CSBN 214150 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 GUI YING WU, 13 14 15 16 17 18 19 20 21 22 23 Defendants hereby submit their answer to Plaintiff's Petition for a Hearing on Naturalization UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) No. C 07-4858 MEJ Plaintiff, ) ) v. ) ) ANSWER PETER D. KEISLER, Acting United States ) Attorney General, ) MICHAEL CHERTOFF, Secretary of the ) Department of Homeland Security; ) EMILIO T. GONZALEZ, Director of United ) States Citizenship and Immigration Services; ) DAVID STILL, San Francisco District Director, ) United States Citizenship and Immigration ) Services; ) ROBERT S. MUELLER, III, Director ) of the Federal Bureau of Investigation, ) ) Defendants. ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927

24 Application Under 8 U.S.C. § 1447(b). 25 1. Paragraph one consists of Plaintiff's characterization of the lawsuit for which no admission

26 or denial is required. However, to the extent a responsive pleading is deemed to be required, the 27 Defendants deny the allegations in this paragraph. 28 ANSWER C 07-4858 MEJ 1

Case 3:07-cv-04858-MEJ

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PARTIES 2. Defendants admit the allegations in Paragraph Two. 3. Defendants admit 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 with the exception that Rosemary

7 Langley Melville is the San Francisco District Director. 8 9 10 7. Defendants admit the allegations in Paragraph Seven. JURISDICTION 8. Paragraph Eight consists of Plaintiff's allegation regarding jurisdiction, to which no

11 responsive pleading is required; however, to the extent a responsive pleading is deemed necessary, 12 Defendants deny that this Court has jurisdiction under any of the provisions cited in Paragraph 13 Eight. 14 15 VENUE 9. Paragraph Nine consists of Plaintiff's allegations regarding venue, to which no responsive

16 pleading is required; however, to the extent a responsive pleading is deemed necessary, 17 Defendants are without sufficient information or knowledge to either admit or deny Plaintiff's 18 allegations regarding venue. 19 20 INTRADISTRICT ASSIGNMENT 10. Paragraph Ten consists of Plaintiff's allegations regarding intradistrict assignment, to

21 which no responsive pleading is required. 22 23 24 CAUSE OF ACTION 11. Defendants admit the allegations in Paragraph Eleven. 12. Defendants admit the allegations in Paragraph Twelve. Plaintiff's fingerprints were last

25 taken on October 12, 2007. 26 13. Defendants admit that Plaintiff was interviewed on April 26, 2006; however, Defendants

27 deny that it was an examination. 28 14. Defendants are without sufficient information to admit or deny the allegations in ANSWER C 07-4858 MEJ 2

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1 Paragraph Fourteen. 2 15. Defendants admit the allegations in Paragraph Fifteen; however, Defendants deny that it

3 was an examination. 4 5 6 7 16. Defendants deny the allegations in Paragraph Sixteen. 17. Defendants admit the allegations in Paragraph Seventeen. PRAYER 18. Paragraph Eighteen consists of Plaintiff's prayer for relief for which no admission or

8 denial is required; to the extent a responsive pleading is deemed to be required, Defendants deny 9 the allegations in this paragraph. 10 11 12 13 FIRST AFFIRMATIVE DEFENSE Plaintiff's Petition fails to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE The court should dismiss the Petition under Fed. R. Civ. P. 12(b)(1) for lack of subject matter

14 jurisdiction. 15 16 WHEREFORE, Defendants pray for relief as follows: That judgment be entered for Defendants and against Plaintiff, dismissing Plaintiff's Petition

17 with prejudice; that Plaintiff takes nothing; and that the Court grant such further relief as it deems 18 just and proper under the circumstances. 19 Dated: November 16, 2007 20 21 22 23 24 25 26 27 28 ANSWER C 07-4858 MEJ 3 /s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendants Respectfully submitted, SCOTT N. SCHOOLS United States Attorney