Free Answer to Complaint - District Court of California - California

Case 3:07-cv-04824-MHP

Document 7

Filed 02/14/2008

Page 1 of 3

1 JOSEPH P. RUSSONIELLO, CSBN 44332 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 DARSHAN SINGH, 13 14 v. Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) No. C 07-4824 MHP ) ) ) ANSWER ) ) ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927

15 EMILIO T. GONZALEZ, Director, U.S. Citizenship and Immigration Services; 16 EMILIA BARDINI, Director, San Francisco Asylum Office, USCIS, 17 Defendants. 18 19

The Defendants hereby submit their answer to Plaintiff's Complaint for Declaratory Judgment

20 and Injunction. 21 1. Paragraph One consists of Plaintiff's allegations regarding jurisdiction, to which no

22 responsive pleading is required; however, to the extent a responsive pleading is deemed necessary, 23 Defendants deny that this Court has jurisdiction under any of the provisions cited in Paragraph 24 One. 25 26 27 2. Defendants admit the allegations in Paragraph Two. 3. Defendants admit the allegations in Paragraph Three. 4. Defendants lack sufficient information to admit or deny the allegations in Paragraph Four,

28 and on that basis, deny them. ANSWER C 07-4824 MHP 1

Case 3:07-cv-04824-MHP

Document 7

Filed 02/14/2008

Page 2 of 3

1

5. Defendants lack sufficient information to admit or deny the allegations in allegations in

2 Paragraph Five, and on that basis, deny them. 3 6. Defendants lack sufficient information to admit or deny the allegations in Paragraph Six,

4 and on that basis, deny them. 5 7. Defendants lack sufficient information to admit or deny the allegations in Paragraph Seven,

6 and on that basis, deny them. 7 8. Defendants lack sufficient information to admit or deny the allegations in Paragraph Eight,

8 and on that basis, deny them. 9 10 9. Defendants deny the allegations in Paragraph Nine. 10. Paragraph Ten consists of Plaintiff's conclusions of law for which no answer is required;

11 however, to the extent that such allegations are deemed to require an answer, Defendants deny the 12 allegations contained in this paragraph. 13 11. Paragraph Eleven consists of plaintiff's conclusions of law for which no answer is

14 required; however, to the extent that such allegations are deemed to require an answer, defendants 15 deny the allegations contained in this paragraph. 16 The remaining paragraphs consists of Plaintiff's prayer for relief, to which no admission or

17 denial is required; to the extent a responsive pleading is deemed to be required, Defendants deny 18 these paragraphs. 19 20 21 22 23 24 FIRST AFFIRMATIVE DEFENSE Plaintiff's complaint fails to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE The court should dismiss the Complaint for lack for subject matter jurisdiction. THIRD AFFIRMATIVE DEFENSE No acts or omissions by the United States or its employees were the proximate cause of any

25 injury or damages to the Plaintiff. 26 27 FOURTH AFFIRMATIVE DEFENSE At all times alleged in the complaint, Defendants were acting with good faith, with

28 justification, and pursuant to authority. ANSWER C 07-4824 MHP 2

Case 3:07-cv-04824-MHP

Document 7

Filed 02/14/2008

Page 3 of 3

1 2

FIFTH AFFIRMATIVE DEFENSE Defendants are processing the application referred to in the Complaint to the extent possible at

3 this time. Accordingly, no relief as prayed for is warranted. 4 5 WHEREFORE, Defendants pray for relief as follows: That judgment be entered for Defendants and against Plaintiff, dismissing Plaintiff's

6 Complaint with prejudice; that Plaintiff takes nothing; and that the Court grant such further relief 7 as it deems just and proper under the circumstances. 8 Dated: February 14, 2008 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANSWER C 07-4824 MHP 3 /s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendants Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney