Yith v. Johnson
| Citation | 158 F.Supp.3d 935 |
| Decision Date | 08 January 2016 |
| Docket Number | Case No. 1:14–CV–01875–LJO–SKO |
| Parties | Seanlim Yith and Seak Leang Yith, Plaintiffs, v. Jeh Johnson, et al., Defendants. |
| Court | U.S. District Court — Eastern District of California |
Bruce Duane Leichty, Bruce Leichty, A Professional Corporation, Clovis, CA, for Plaintiffs.
Audrey Benison Hemesath, United States Attorney's Office, Sacramento, CA, Jeffrey S. Robins, Timothy Michael Belsan, Department of Justice, Office of Immigration Litigation, Washington, DC, for Defendants.
Before the Court in the above-styled and numbered cause of action are (1) a motion to dismiss, filed on September 9, 2015, by Defendants Jeh Johson, in his capacity as Secretary for the United States Department of Homeland Security (“DHS”), Leon Rodriguez, in his capacity as Assistant Secretary for the DHS and Director for United States Citizenship and Immigration Services (“USCIS”), Mari–Carmen Jordan, in her capacity as Assistant Secretary for USCIS responsible for the Sacramento field office and the Fresno sub-office, Jonathan Crawford, in his capacity as the Field Office Director for the Fresno sub-office of USCIS (collectively, “DHS Defendants”), and Loretta Lynch, in her capacity as Attorney General of the United States and Secretary of the United States Department of Justice (collectively, “Defendants” or “the Government”) (Doc. 36), opposed by Plaintiffs Seanlim Yith and Seak Leang Yith (Doc. 41); and (2) a motion to amend, filed on August 20, 2015, by Plaintiffs (Doc. 32), opposed by Defendants (Doc. 37). The motions are appropriate for resolution without oral argument. See Local Rule 230(g). Having considered the record in this case, the parties' briefing, and the relevant law, the Court will GRANT Defendants' motion and dismiss this case without prejudice, and will DENY Plaintiffs' motion to amend.
Plaintiffs are siblings and citizens of Cambodia. Doc. 1 (Complaint) ¶¶ 2–6, 8. Both Plaintiffs currently reside in Fresno County, and were residents of Fresno County at all times relevant to this action. Id. ¶ 2, 5. Plaintiffs entered the United States on or about March 26, 2006. Id. ¶¶ 18, 49. They obtained lawful permanent resident (“LPR”) status in the United States, on or about April 3, 2006, through their father, Neth Yith. Id. 4, 7. Plaintiffs' LPR status will expire sometime in 2016. Id. ¶¶ 78, 97.
On or about February 4, 2011, Seanlim filed a Form N–400, Application for Naturalization with USCIS. Id. ¶ 2. Seanlim's naturalization interview was initially scheduled for July 20, 2011, but was cancelled due to “unforeseen circumstances.” Id. ¶¶ 19, 20. On or about December 21, 2012, Seak Leang filed a Form N–400, Application for Naturalization with USCIS. Id. ¶ 5. Seak Leang's interview was initially scheduled for June 20, 2013, but was also cancelled on account of “unforeseen circumstances.” Id. ¶¶ 50–51.
On or about February 20, 2014, Plaintiffs first contacted USCIS through their attorney to inquire about the status of their applications. Id. ¶ 80. They received no response from USCIS until April 2014, and were only then told that the adjudication of their applications was “delayed.” Id. On May 15, 2014, a USCIS officer emailed Plaintiffs that their cases were “pending” and that a “small percentage of cases involving unresolved issues that may result in adjudication delays,” and that “[USCIS] [is] unable to determine at this time when the review process will be completed.” Id. ¶ 86. The email continued, “We understand that your clients may be frustrated ... However, USCIS must balance individual inconvenience against broader issues of public safety and national security.” Id. Thereafter, Plaintiffs periodically requested information regarding the status of their naturalization applications, but were “rebuffed” every time, and USCIS did not provide any time frame as to when their applications might be adjudicated. Id. ¶ 88.
On October 9, 2014, Plaintiffs again contacted USCIS through their attorney. Id. ¶ 89. They received a response on October 24, 2014, in which Defendant Crawford advised Plaintiffs through a subordinate, Id.
On November 25, 2014, Plaintiffs filed the original complaint in this case, over three years after Seanlim filed her naturalization application and nearly two years after Seak Leang filed his application. Doc. 1. Plaintiffs cited 8 U.S.C. § 1447(b), which authorizes naturalization applicants to apply to the relevant district court for a hearing if there is a failure to make a determination 120 days after a naturalization “examination” occurs. Id., at 2. Plaintiffs alleged that DHS Defendants declined to interview them because DHS Defendants had conducted an “examination” of them in their absence, and “did not wish to be held accountable to federal law requiring [DHS Defendants] to adjudicate a citizenship application within 120 days after examination.” Id. ¶¶ 21, 52. Plaintiffs additionally alleged that DHS Defendants delayed the adjudication of their naturalization applications because one or more persons who assisted their father in obtaining his LPR status was affiliated with former USCIS official Billy Nelms, who has since been prosecuted by the United States Department of Justice for bribery and witness-tampering with regard to certain applications made by Cambodian citizens, or to Nelms' wife Sokhon, who is of Cambodian origin. Id. ¶¶ 35, 45, 66, 70. Plaintiffs claim that the investigation of the United States government into possible misconduct by any member of their family began at the same time as the government's investigation of Billy Nelms, and was connected to the unexplained cancellation of their naturalization interviews. Id. ¶ 37
Moreover, Plaintiffs alleged that they are eligible for naturalization and that they have done everything required of them to obtain adjudication from USCIS on their naturalization applications. Id. ¶¶ 34, 65. Plaintiffs argued that even if they were found to have committed misconduct with regard to their LPR status, that it is unreasonable for Defendants not to have completed the investigation of Plaintiffs. Id. ¶¶ 46, 71. With regard to Defendant Lynch1 , Plaintiffs claimed that the Department of Justice has “borne the responsibility for and have in fact exercised the responsibility for conducting whatever investigation of [Plaintiffs] was deemed necessary such that, after examination, [they] could either be approved or disapproved as a candidate for United States citizenship.” Id. ¶ 30, 61. For these reasons, the complaint requests that the Court order the DHS Defendants complete adjudication of their naturalization applications in a certain time frame, and for Defendant Lynch to cooperate to that end, or that the Court exercise its own jurisdiction to adjudicate their naturalization applications (claims one and two). Id. at 20–21. In the alternative, the complaint requests that the Court issue a writ of mandamus to DHS Defendants and Defendant Lynch requiring adjudication of their naturalization applications (claims three and four). Id., at 20–21. Plaintiffs also seek attorneys' fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Id., at 22.
Defendants filed their first motion to dismiss on February 13, 2015, arguing that because Plaintiffs had not yet been “examined” within the meaning of 8 U.S.C. § 1447(b), there was no basis for invoking this Court's jurisdiction. Doc. 19, at 5. However, on February 24, 2015, USCIS issued interview notices in connection to Plaintiffs' naturalization applications, scheduling their interviews for March 10, 2015. Doc. 23. In light of this development, on March 2, 2015, the parties stipulated to hold the matter in abeyance, and to file status reports by May 1, 2015. Id.
Plaintiffs' interviews took place as scheduled. Doc. 27, at 3. At their respective interviews, Plaintiffs, accompanied by counsel, confirmed that they had never met their U.S. citizen step-mother Sarin Meas, who had petitioned for them to enter the United States, and whose relationship to them forms the basis of their status in the United States. Doc. 36–1, at 3, 7; Doc. 39, at 1. Additionally, Plaintiffs were told, ostensibly for the first time, that in 2011, the DHS had obtained an adverse statement from Ms. Meas. Doc. 42, at 6. Plaintiffs and counsel were not shown the actual statement at the time of the interview. Id. The interviewing officer told Plaintiffs that they were otherwise eligible for naturalization “but for the fact that USCIS believed that the marriage leading to their qualifying relationship was a sham.” Id.
On March 24, 2015, USCIS issued notices of intent to deny Plaintiffs' naturalization interviews. Doc. 26, at 1. According to these notices, USCIS intended to deny Plaintiffs' applications on the grounds that they are ineligible for naturalization under section 316 of the Immigration and Nationality Act (“INA”). Doc. 36–1, at 3, 7. Specifically, the notices alleged that the marriage between Plaintiffs' father and Ms. Meas “was entered into for the sole purpose of granting [Plaintiffs' father] an immigration benefit,” which under the law, is “invalid from its inception and cannot under any circumstances be the basis of a step-relationship under [INA § 101(b)(1)(B) ].” Id. Furthermore, the notices quoted a sworn statement taken from Ms. Meas by a DHS official, dated September 6, 2011, which reads in its entirety as follows:
I admit that I married Yith Neth in Fresno, CA for the soul [sic] purpose to get his permanent residency....
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