Yith v. Nielsen, 1:14-cv-01875-LJO-SKO

• Decision Date: 26 October 2018
• Docket Number: 1:14-cv-01875-LJO-SKO
• Citation: 343 F.Supp.3d 938
• Court: U.S. District Court — Eastern District of California
• Parties: Seanlim YITH and Seak Leang Yith, Plaintiffs, v. Kirstjen NIELSEN, et al., Defendants.

343 F.Supp.3d 938

Seanlim YITH and Seak Leang Yith, Plaintiffs,

v.Kirstjen NIELSEN, et al., Defendants.

1:14-cv-01875-LJO-SKO

United States District Court, E.D. California.

Signed October 26, 2018

Bruce Duane Leichty, Bruce Leichty, A Professional Corporation, Clovis, CA, for Plaintiffs.

Anthony Daniel Bianco, Govt, U.S. Department of Justice, Civil Division, Washington, DC, for Defendants.

MEMORANDUM DECISION AND ORDER RE MOTION TO REMAND TO USCIS AND MOTION FOR SANCTIONS

(ECF Nos. 78, 80)

Lawrence J. O'Neill, UNITED STATES CHIEF DISTRICT JUDGE

This matter is before the Court on Defendants' ¹ motion for remand. Defendants request remand of this matter to United States Citizenship and Immigration Services ("USCIS") pursuant to 8 U.S.C. § 1447(b) to consider Plaintiffs Seanlim Yith and Seak Leang Yith's naturalization applications. ECF No. 78. Plaintiffs filed an opposition and Defendants replied. ECF Nos. 79, 81. Plaintiffs also filed a motion for sanctions against Defendants pursuant to Federal Rule of Civil Procedure 11 claiming that the filing of the motion to remand was vexatious and frivolous. ECF No. 80. Defendants filed in opposition to the motion for sanctions and Plaintiffs replied. ECF Nos. 82-83. The matters were taken under submission on the papers pursuant to Local Rule 230(g). For the reasons set forth below, the Court DENIES Defendants' motion for remand and DENIES Plaintiffs' motion for sanctions.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Court previously recounted a detailed factual and procedural background of the case in its prior Order, but reiterates the pertinent facts here. See ECF No. 50 at 2-7.

Plaintiffs are siblings and citizens of Cambodia. ECF No. 69, First Amended Complaint, ¶¶ 2-6, 8. Both Plaintiffs currently reside in Fresno County, California, 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, 7-8. At the time Plaintiff Seanlim Yith obtained LPR status she was 14 years old. At the time that Plaintiff Seak Yith obtained LPR status he was 11 years old. Id. Neither Plaintiff has relinquished, abandoned or been divested of their LPR status, and they both have resided continuously in the United States since their entry in March 2006. Id. ; see also ¶¶ 17, 69.

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. ¶¶ 70-71.

On or about February 20, 2014, Plaintiffs first contacted USCIS through their attorney to inquire about the status of their applications. Id. ¶ 88. 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," that there are 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. ¶ 93. 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. ¶ 95.

On October 9, 2014, Plaintiffs again contacted USCIS through their attorney. Id. ¶ 96. They received a response on October 24, 2014, in which Defendant Crawford² advised Plaintiffs through a subordinate, "I do not have an update. Your clients' cases are both actively pending with USCIS. Please refer back to my May 15, 2014 e-mail as to possible reasons. For these very same reasons we are unable to determine when the review process for the naturalization applications will be completed." Id.

A. Initiation of this Lawsuit

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. ECF No. 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" on their naturalization petition within 120 days after a naturalization "examination" occurs. Id. at 2.

However, on February 24, 2015, USCIS issued interview notices in connection to Plaintiffs' naturalization applications, scheduling their interviews for March 10, 2015. ECF No. 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. ECF No. 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. ECF No. 36-1 at 3, 7; ECF No. 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. ECF No. 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 applications. ECF No. 36-1. 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"). ECF No. 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. I was young at the time and my parents pressured me into marrying him. I've never lived with him and I met him through my father [sic] previous boss at CB Market. The owner asked my father to ask me if I can marry him. We went to fresno [sic] and got a marriage license. He paid my parents $6000.00 at that time. The next time I saw him, I was told to drive to Santa Ana Immigration office. We were interviewed by a male officer and he told me that he knows and feels this marriage is a fraud. He explained the consequences and I decided not to go through with the process. That was the last time that I was with Yith Neth. So, he left to Fresno that same day. We did not have no kind of contacts [sic] whatsoever ever since. I don't remember signing any petitions to allow his childrens [sic] to come to the U.S. I remember signing some immigration forms, but I don't remember which paper. I admit that it was a fake marriage from day 1. And I regret it. I don't know any immigration offices [sic] or if Yith Neth knew any. I've never met Yith [sic] children and it was never the intentions [sic] for them to live with me.

Id. Plaintiffs responded to those notices on April 24, 2015, arguing that Ms. Meas's statement is insufficient to demonstrate their ineligibility for naturalization. ECF No. 27 at 2; ECF No. 39-1. To allow USCIS time to review Plaintiffs' responses and issue a decision, the parties stipulated to hold the lawsuit in abeyance for an additional sixty days, and file status reports on or by June 30, 2015. Id.

On June 30, 2015, Plaintiffs and Defendants filed separate status reports. ECF Nos. 27, 29. Plaintiffs indicated that they intended to seek leave to amend or supplement their complaint. ECF No. 27 at 4. Defendants indicated that USCIS anticipated adjudicating Plaintiffs' applications before July 8, 2015, 120 days after Plaintiffs were interviewed, and the date that the district court's jurisdiction under 8 U.S.C. § 1447(b) could properly be invoked. ECF No. 29 at 2.

On July 24, 2015, the Court ordered Defendants to notify the Court as to whether Plaintiffs' naturalization applications had been adjudicated. ECF No. 30. On July 31, 2015, Defendants filed a notice of administrative action to inform the Court that USCIS had initiated removal proceedings against Plaintiffs. ECF No. 31.

B. This Court's Dismissal Order and the Ninth Circuit Appeal

On September 9, 2015, Defendants filed a motion to dismiss, arguing, in part, that the complaint should be dismissed under Federal Rule of Civil Procedure 12(b)(6) because the pendency of removal proceedings against Plaintiffs renders the Court unable to provide Plaintiffs with the relief they have requested. ECF No. 36. at 9-10. Defendants attached to their motion copies of the Forms I-862, Notices to Appear ("NTA"), dated ...