Free Answer to Complaint - District Court of California - California

Case 3:07-cv-04827-SI

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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 ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendant 8 9 10 11 12 ANTONIO TORRES-FELIX, ROSALINDA TORRES, and 13 EDGAR ANTONIO TORRES, 14 15 v. Plaintiffs, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) No. C 07-4827 SI ) ) ) ANSWER ) ) ) ) ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169

16 ROSEMARY MELVILLE, District Director, United States Citizenship and Immigration 17 Services; 18 19 20 Defendant.

Defendant hereby submits her answer to Plaintiffs' Complaint for Declaratory Judgment and

21 Injunction. 22 1. Paragraph One consists of Plaintiffs' characterizations of the lawsuit for which no answer is

23 necessary; however, to the extent a response is deemed to be required, the allegations in Paragraph 24 One are denied. 25 26 27 28 2. Defendant admits the allegations in Paragraph Two. 3. Defendant admits the allegations in Paragraph Three. 4. Defendant admits the allegations in Paragraph Four. 5. Defendant admits the allegations in Paragraph Five. ANSWER C07-4827 SI 1

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6. Defendant admits the allegations in Paragraph Six. 7. Defendant admits the allegations in Paragraph Seven. 8. Defendant admits the allegations in Paragraph Eight. 9. Paragraph Nine consist solely of Plaintiffs' characterizations of lawsuit for which no answer

5 is necessary, but insofar as answers may be deemed necessary, the allegations in Paragraph Nine 6 denied. 7 8 10. Defendant denies the allegations in Paragraph Ten. There has been no "decision". 11. Paragraph Eleven consist solely of Plaintiffs' characterizations of lawsuit for which no

9 answer is necessary, but insofar as answers may be deemed necessary, the allegations in Paragraph 10 Eleven are denied. 11 The remaining allegations consists of Plaintiffs' prayer for relief, to which no admission or

12 denial is required; to the extent a responsive pleading is deemed to be required, Defendant denies 13 this paragraph. 14 15 16 17 18 19 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 Defendant 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

20 injury or damages to the Plaintiffs. 21 22 FOURTH AFFIRMATIVE DEFENSE At all times alleged in the complaint, Defendant was acting with good faith, with justification,

23 and pursuant to authority. 24 25 FIFTH AFFIRMATIVE DEFENSE Defendant is processing the application referred to in the Complaint to the extent possible at

26 this time. Accordingly, no relief as prayed for is warranted. 27 /// 28 ANSWER C07-4827 SI 2

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WHEREFORE, Defendant prays for relief as follows: That judgment be entered for Defendant and against Plaintiffs, dismissing Plaintiffs' complaint

3 with prejudice; that Plaintiffs take nothing; and that the Court grant such further relief as it deems 4 just and proper under the circumstances. Respectfully submitted, SCOTT N. SCHOOLS United States Attorney ____/s/___________________________ ILA C. DEISS Assistant United States Attorney Attorneys for Defendant

5 Dated: November 21, 2007 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANSWER C07-4827 SI 3

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CERTIFICATE OF SERVICE Torres-Felix v. Melville C 07-4827 SI The undersigned hereby certifies that she is an employee of the Office of the United States

5 Attorney for the Northern District of California and is a person of such age and discretion to be 6 competent to serve papers. The undersigned further certifies that she is causing a copy of the 7 following: 8 Answer 9 to be served this date upon the party in this action by placing a true copy thereof in a sealed 10 envelope, and served as follows: 11 12 13 14 CERTIFIED MAIL (# ) by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice. PERSONAL SERVICE (BY MESSENGER) X FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice.

15 ____ FEDERAL EXPRESS via Priority Overnight 16 ____ EMAIL 17 ____ FACSIMILE (FAX) 18 to the party(ies) addressed as follows: 19 Jonathan M. Kaufman, Esq. The Law Offices of Jonathan M. Kaufman 20 220 Montgomery Street, Ste. 976 San Francisco, CA 94104 21 PH: 415.956.4765 22 I declare under penalty of perjury under the laws of the United States that the foregoing is

23 true and correct. 24 25 26 27 28 Executed this November 21, 2007 at San Francisco, California. ____/s/____________________________ LILY HO-VUONG Legal Assistant

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