Free Answer to Complaint - District Court of California - California

Case 5:07-cv-04772-JW

Document 5

Filed 11/20/2007

Page 1 of 3

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 RAJVINDER SINGH, 13 14 15 16 17 18 19 20 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) No. C 07-4772 JW Plaintiff, ) ) v. ) ANSWER ) MICHAEL CHERTOFF, Secretary of ) Homeland Security; EMILIO T. GONZALES, ) Director of the U.S. Citizenship and Immigration ) Services; ROSEMARY MELVILLE, District ) Director, U.S. Citizenship and Immigration ) Services; FRANCIS D. SICILIANO, Officer in ) Charge of the San Jose Office of the U.S. ) Citizenship and Immigration Services, ) ) Defendants. ) ) The Defendants hereby submit their answer to Plaintiff's Complaint for Declaratory Judgment of 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6730 FAX: (415) 436-6927

22 Naturalization Under 8 U.S.C. § 1447(b), 1421(c) and for Equal Access to Justice Act Under 5 U.S.C. 23 504 and 28 U.S.C. 2412. 24 25 FIRST CAUSE OF ACTION 1. Defendants are without sufficient information to admit or deny the allegations in Paragraph One,

26 and on that basis, deny them. 27 28 2. Defendants admit the allegations in Paragraph Two. 3. Paragraph Three consists of Plaintiff's allegation regarding jurisdiction, to which no responsive
ANSWER C07-4772 JW

1

Case 5:07-cv-04772-JW

Document 5

Filed 11/20/2007

Page 2 of 3

1 pleading is required; however, to the extent a responsive pleading is deemed necessary, Defendants 2 deny that this Court has jurisdiction under any of the provisions cited in Paragraph Three. 3 4. Defendants are without sufficient information to admit or deny the allegation in Paragraph Four,

4 and on that basis, deny it. 5 5. Defendants are without sufficient information to admit or deny the allegations in Paragraph Five,

6 and on that basis, deny them. 7 6. Defendants are without sufficient information to admit or deny the allegations in Paragraph Six,

8 and on that basis, deny them. 9 7. Paragraph Seven consists of Plaintiff's characterizations of the lawsuit to which no responsive

10 pleading is required; however, to the extent a responsive pleading is deemed necessary, Defendants 11 deny the allegations in Paragraph Seven. 12 8. Paragraph Eight consists of Plaintiff's characterizations of the lawsuit to which no responsive

13 pleading is required; however, to the extent a responsive pleading is deemed necessary, Defendants 14 deny the allegations in Paragraph Eight. 15 16 9. Defendants deny the allegations in Paragraph Nine. The remaining paragraphs consists of Plaintiff's prayer for relief, to which no admission or denial

17 is required; to the extent a responsive pleading is deemed to be required, Defendants deny these 18 paragraphs. 19 20 21 22 23 24 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

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

28 and pursuant to authority.
ANSWER C07-4772 JW

2

Case 5:07-cv-04772-JW

Document 5

Filed 11/20/2007

Page 3 of 3

1 2

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

3 at 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 Complaint

6 with prejudice; that Plaintiff takes nothing; and that the Court grant such further relief as it deems just 7 and proper under the circumstances. 8 Date: November 20, 2007 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ANSWER C07-4772 JW

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

3