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Title Thanh V. Bui v. Eric H. Holder

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 28, 2013

TITLE THANH V. BUI
v.
ERIC H. HOLDER, ET AL.

The opinion of the court was delivered by: Honorable Andrew J. Guilford

CIVIL MINUTES - GENERAL

Present: The Honorable ANDREW J. GUILFORD

Lisa Bredahl Not Present Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Proceedings: [IN CHAMBERS] ORDER TO SHOW CAUSE REGARDING

JURISDICTION

Plaintiff Thanh V. Bui ("Plaintiff") filed a complaint with this Court asking the Court to review Plaintiff's naturalization application. Plaintiff claims this Court has jurisdiction to do so under 8 U.S.C. § 1447, which provides:

If there is a failure to make a determination [of a naturalization application] under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter.

8 U.S.C. § 1447 (emphasis added).

In this case, it appears that United States Citizenship and Immigration Services has made a determination by denying Plaintiff's application. (See Compl., Dkt. No. 1, at 6 (alleging that Plaintiff received a letter stating he was ineligible for naturalization due to his absence from the United States for more than six months).) It also appears that Plaintiff has failed to sue the proper parties. Under 8 C.F.R. § 336.9, a naturalization applicant must bring the petition for review against USCIS, which is not named as a defendant in this case.

Accordingly, the Court orders Plaintiff to show cause in writing within 14 days of the date of this Order why this Court has jurisdiction over this case. Defendants may submit a response in the same time period.

20130128

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