Free Answer to Complaint - District Court of California - California

Case 4:07-cv-04806-SBA

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Filed 11/16/2007

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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 AMIR ESMAEILI, 13 14 v. Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) No. C 07-4806 SBA ) ) ) ) ANSWER ) ) ) ) ) ) ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927

15 MICHAEL CHERTOFF, Secretary of the Department of Homeland Security; 16 EMILIO GONZALEZ, Director of U.S. Citizenship and Immigration Services; 17 ROSEMARY MELVILLE, District Director of the San Francisco U.S. Citizenship and 18 Immigration Services; ROBERT MUELLER, III, Director 19 of the Federal Bureau of Investigations, 20 21 22 Defendants.

Defendants hereby submit their answer to Plaintiff's Petition for a Hearing on Naturalization

23 Application Under 8 U.S.C. § 1447(b). 24 The first unnumbered paragraph consists of Plaintiff's characterization of the lawsuit, for

25 which no admission or denial is required. However, to the extent a responsive pleading is deemed 26 to be required, the Defendants deny the allegations in this paragraph. 27 28 PARTIES 1. Defendants admit the allegations in Paragraph One. ANSWER C 07-4806 SBA 1

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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. JURISDICTION 6. Paragraph Six consists of Plaintiff's allegation regarding jurisdiction, for which no

7 responsive pleading is required; however, to the extent a responsive pleading is deemed necessary, 8 Defendants deny that this Court has jurisdiction under any of the provisions cited in Paragraph 9 Six. 10 11 VENUE 7. Paragraph Seven consists of Plaintiff's allegations regarding venue, for which no responsive

12 pleading is required; however, to the extent a responsive pleading is deemed necessary, 13 Defendants are without sufficient information or knowledge to either admit or deny Plaintiff's 14 allegations regarding venue. 15 16 17 18 19 20 FACTS 8. Defendants admit the allegations in Paragraph Eight. 9. Defendants admit the allegations in Paragraph Nine. 10. Defendants admit the allegations in Paragraph Ten. 11. Defendants admit the allegations in Paragraph Eleven. 12. Paragraph Twelve consist solely of Plaintiff's characterizations of this action, for which

21 no answer is necessary; however, to the extent a response is deemed to be required, Defendants 22 deny the allegations in this paragraph. 23 24 PRAYER 13. Paragraph Thirteen consist solely of Plaintiff's characterizations of this action for which

25 no answer is necessary. 26 14. Paragraph Fourteen consists of Plaintiff's prayer for relief for which no admission or

27 denial is required; to the extent a responsive pleading is deemed to be required, Defendants deny 28 the allegations in this paragraph. ANSWER C 07-4806 SBA 2

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13. Paragraph Thirteen consists of Plaintiff's prayer for relief for which no admission or

2 denial is required. 3 14. Paragraph Fourteen consists of Plaintiff's prayer for relief for which no admission or

4 denial is required. 5 17. Paragraph Seventeen consists of Plaintiff's prayer for relief for which no admission or

6 denial is required. 7 18. Paragraph Eighteen consists of Plaintiff's prayer for relief for which no admission or

8 denial is required; 9 10 11 12 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

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

16 with prejudice; that Plaintiff takes nothing; and that the Court grant such further relief as it deems 17 just and proper under the circumstances. 18 19 Dated: November 16, 2007 20 21 22 23 24 25 26 27 28 ANSWER C 07-4806 SBA 3 /s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendants Respectfully submitted, SCOTT N. SCHOOLS United States Attorney