Patel v. Tarango, CIVIL ACTION NO. 3:15-CV-3027-G

• Decision Date: 22 June 2016
• Docket Number: CIVIL ACTION NO. 3:15-CV-3027-G
• Parties: BHAVIKA JAYESHKUMAR PATEL, Plaintiff, v. TRACY TARANGO, in her official capacity as District Director of the Dallas District Office of the U.S. and Immigration Services, ET AL., Defendants.
• Court: U.S. District Court — Northern District of Texas

BHAVIKA JAYESHKUMAR PATEL, Plaintiff,
v.
TRACY TARANGO, in her official capacity as District Director of the
Dallas District Office of the U.S. and Immigration Services, ET AL., Defendants.

CIVIL ACTION NO. 3:15-CV-3027-G

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

June 22, 2016

MEMORANDUM OPINION AND ORDER

Before the court is the motion of the defendants Tracy Tarango, in her official capacity as District Director of the Dallas District Office of the United States and Immigration Services, and United States Citizenship and Immigration Services (collectively, "USCIS") to dismiss the claims of the plaintiff Bhavika Jayeshkumar Patel ("Patel") pursuant to FED. R. CIV. P. 12(b)(1). For the reasons stated below, the motion is granted.

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I. BACKGROUND

On June 10, 1990, Patel was born in India. Complaint ¶ 10 (docket entry 1). On May 19, 2009, Patel immigrated to the United States as a lawful permanent resident ("LPR"). Id.

With her permanent resident status set to expire on May 9, 2011, Patel filed a Form I-90 ("I-90") application for a renewed LPR card in late 2010. Id. ¶ 24. When USCIS did not act on that application, Patel filed a second I-90 on November 3, 2013. Id.

On July13, 2012, Patel filed a N-400 Application for Naturalization ("N-400"). Id. ¶ 15. On October 2, 2013, USCIS denied Patel's N-400 because Patel "lacked the requisite good moral character." Id. ¶ 23. Patel subsequently filed a Form N-336 in which she administratively appealed the denial of her N-400. USCIS later denied Patel's N-336.

On September 16, 2015, Patel brought the instant suit, seeking an order requiring USCIS to issue her a renewed LPR card and to find that she is qualified for naturalization. Specifically, Patel claims that USCIS wrongfully denied her I-90 and N-400 applications. She asserts that the court has jurisdiction under 5 U.S.C. §§ 701-02, 28 U.S.C. §§ 1331 and 1361, and 8 U.S.C. §§ 1421(c) and 1447(b). See generally Complaint. Conversely, USCIS contends that this court only has jurisdiction under 8 U.S.C. § 1421(c). Motion to Dismiss Complaint ("Motion") at 4 (docket

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entry 12). On March 22, 2016, USCIS moved to dismiss Patel's claims pursuant to FED. R. CIV. P. 12(b)(1) and (12)(b)(6). Patel did not respond to the motion.

II. ANALYSIS

Federal courts are courts of limited jurisdiction. See Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 377 (1994); Owen Equipment and Erection Company v. Kroger, 437 U.S. 365, 374 (1978). A federal court may exercise jurisdiction over cases only as expressly provided by the Constitution and laws of the United States. See U.S. CONST. art. III §§ 1-2; see also Kokkonen, 511 U.S. at 377. Federal law gives the federal district courts original jurisdiction over "all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. Moreover, a party seeking relief in a federal district court bears the burden of establishing the subject matter jurisdiction of that court. United States v. Hays, 515 U.S. 737, 743 (1995); McNutt v. General Motors Acceptance Corporation of Indiana, Inc., 298 U.S. 178, 189 (1936); Langley v. Jackson State University, 14 F.3d 1070, 1073 (5th Cir.), cert. denied, 513 U.S. 811 (1994).

Rule 12(b)(1) of the Federal Rules of Civil Procedure authorizes the dismissal of a case for lack of jurisdiction over the subject matter. See FED. R. CIV. P. 12(b)(1). A motion to dismiss pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction must be considered by the court before any other challenge because "the court must find jurisdiction before determining the validity of a claim." Moran v. Kingdom of

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Saudi Arabia, 27 F.3d 169, 172 (5th Cir. 1994) (internal citation omitted); see also Ruhrgas AG v. Marathon Oil Company...