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Jiang v. Chertoff

April 23, 2008

WEIMING JIANG, PLAINTIFF,
v.
MICHAEL CHERTOFF, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY; ROBERT S. MUELLER III, DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, DEFENDANTS.



Crtrm: 10, 19th Floor

Date: April 25, 2008

Time: 2:00 p.m.

JOINT CASE MANAGEMENT STATEMENT; PROPOSED ORDER

1. Jurisdiction and Service: Plaintiff brought this Complaint under 28 U.S.C. §§ 1331, 1361 and 2201, and 5 U.S.C. § 701 et seq., the Administrative Procedure Act. All parties have been served. Defendants argue that the Court lacks subject matter jurisdiction.

2. Facts: On June 27, 2006, Plaintiff applied for naturalization. Plaintiff's name check is still pending with the Federal Bureau of Investigation; accordingly, he has not yet been interviewed. On January 17, 2008, Plaintiff filed the instant Complaint.

3. Legal Issues: Defendants argue that the Court lacks jurisdiction over the subject matter of this action, and that Plaintiff has failed to state a claim upon which relief may be granted.

Plaintiff asks the Court to determine whether the delay at issue is unreasonable.

4. Motions:

a. Plaintiff's Motion for Summary Judgment

On March 13, 2008, Plaintiff moved for summary judgment. On March 18, 2008, Defendants requested the Court to hold Plaintiff's motion for summary judgment in abeyance pending a decision on their anticipated motion to dismiss. The Court has granted that request.

b. Defendants' Motion to Dismiss

On March 21, 2008, Defendants moved to dismiss the Complaint for lack of subject matter jurisdiction. Plaintiff opposed the motion, and Defendants have replied to that opposition.

Argument will be heard on April ...


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