The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge
** E-filed August 22, 2011 **
United States District Court
For the Northern District of California
ORDER GRANTING PLAINTIFF'S PETITION FOR AMENDMENT OF 13 CERTIFICATE OF IMMIGRATION [Re: Docket No. 1] 15
On April 19, 2011, Binh Quang Le ("Le"), who was born in Vietnam and became a 19 naturalized United States citizen in 1991, filed a petition asking this Court to amend his certificate 20 of naturalization. Docket No. 1 ("Petition"). Although his certificate of naturalization lists his date 21 of birth as June 7, 1948, Le says that he was actually born on March 2, 1946 and that the error was 22 an honest mistake that originated, unbeknownst to him, during his stay at a refugee camp in Malaysia prior to his arrival in the United States. Id. at 2-3. His original Vietnamese birth certificate, 24 which he recently obtained from relatives, lists his date of birth as March 2, 1946. Id., Ex. A.
In his quest to correct this error with the relevant state and federal
agencies, Le obtained an
26 order from the Santa Clara County Superior Court doing just that at
the state level. Id., Ex. B. 27
Thereafter, Le filed a petition with the District Director of the
Nebraska Service Center for the
United States Citizenship and Immigration Services department
("USCIS"), but his petition was 2 denied. Id., Ex. D. His appeal to
the Administrative Appeals Office likewise failed. Id., Exs. E, F.
position on whether this Court should grant or deny Le's requested
relief. Docket No. 12.
A. Jurisdictional Authority
C.F.R. § 334.16 allows for an amendment of a petition for naturalization. 8 C.F.R. § 334.16(b). It 9 provides in part: "whenever an application is made to the court to amend a petition for naturalization 10 after final action thereon has been taken by the court, a copy of the application shall be served upon the district director having administrative jurisdiction over the territory in which the court is located." Id. If the application is made "to correct a clerical error arising from oversight or 13 omission," the USCIS district director may not object to the petition. Id.
Under part (e) of that section, "a correction is permitted only when a certificate of naturalization 16 does not conform to the facts shown on the application for naturalization or when a clerical error 17 occurred in preparing the certificate." Id.
19 naturalization upon a finding of an honest mistake made by the petitioner seeking amendment. See, 20 e.g., In re Lee, No. C06-80150 MISC MJJ, 2007 WL 926501 (N.D. Cal. Mar. 26, 2007); Kouanchao 21
Additionally, the Ninth Circuit has held that district courts have jurisdiction to amend pre-
1990 naturalization orders because they were ordered by the courts. In re Shrewsbury, 77 F.3d 490, Le then filed the instant petition in this Court. ...