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Haque v. United States Attorney General

United States District Court, N.D. California

May 13, 2015

SERAJUL HAQUE, Plaintiff,
v.
UNITED STATES ATTORNEY GENERAL, et al., Defendants.

ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF'S REQUEST TO CONSOLIDATE CASES AND APPOINT COUNSEL Re: Dkt. Nos. 65, 82, 86

NATHANAEL M. COUSINS, Magistrate Judge.

The Court considers the parties' motions for summary judgment. Haque sued the federal defendants for denying his application for United States citizenship and asked this Court to grant him citizenship. Prior to initiating this action, Haque was granted United States citizenship, so the Court finds that all of Haque's claims for injunctive and declaratory relief are moot, and the doctrine of sovereign immunity bars his recovery of monetary damages. Therefore, the Court DENIES plaintiff's motion for summary judgment and GRANTS defendants' motion for summary judgment. Additionally, the Court DENIES plaintiff's request to consolidate cases and appoint counsel.

I. BACKGROUND

Haque is a native of Bangladesh. Dkt. No. 83 at Exh. A. He first entered the United States as a lawful permanent resident on August 23, 1998. Id. at Exh. B. In March 2004, Haque filed an application for naturalization. Id. at Exh. D. Haque was convicted in 2005 for battery on his spouse and child endangerment. Id. at Exh. E. On March 9, 2006, U.S. Citizenship and Immigration Services ("USCIS") denied his application for naturalization, concluding that his criminal convictions rendered him unable to establish good moral character. Id. at Exh. F.

On March 22, 2006, U.S. Immigration and Customs Enforcement ("USICE") initiated removal proceedings against Haque based on his criminal convictions. Id. at Exh. G. Those proceedings were terminated, without prejudice, on April 7, 2006, because it appeared that the convictions were not final due to an appeal Haque had filed. Id. at Exh. H. On May 16, 2006, USICE again initiated removal proceedings against Haque. Id. at Exh. I. Haque's criminal appeal was dismissed on September 8, 2006. Id. at Exh. J.

On March 6, 2009, while Haque was still in removal proceedings, he filed a second application for naturalization. Dkt. No. 83 at Exh. K. On July 24, 2009, the application was denied for lack of jurisdiction due to his pending removal proceedings. Id. at Exh. K. On April 8, 2010, while still in removal proceedings, Haque filed a third application for naturalization. Id. at Exh. L. On August 23, 2010, that application was denied for lack of jurisdiction due to the pending removal proceedings. Id. at Exh. L. In January 2011, the immigration court sustained the charges of removability and granted relief in the form of cancellation of removal for lawful permanent residents. Id. at Exh. M.

On May 1, 2012, Haque filed his fourth application for naturalization, which was approved. Id. at Exh. P. Haque was sworn in as a U.S. citizen on September 18, 2012. Id. at Exh. P.

In this action, Haque sued the Attorney General of the United States, the Secretary of the Department of Homeland Security, and the District Director of the United States Citizenship and Immigration Services in San Jose. Dkt. No. 1. Haque requests that this Court grant him citizenship and award damages related to the cost of his immigration proceedings. Dkt. No. 1. Haque filed a motion for summary judgment (Dkt. No. 65), the federal defendants filed a motion to dismiss, or in the alternative, a motion for summary judgment (Dkt. No. 82), and Haque requested that this Court consolidate his 53 other cases in the Northern District and appoint him counsel (Dkt. No. 86).

II. LEGAL STANDARD

Summary judgment may be granted only when, drawing all inferences and resolving all doubts in favor of the nonmoving party, there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). A fact is material when, under governing substantive law, it could affect the outcome of the case. Anderson v. Liberty Lobby, 477 U.S. 242, 248 (1986). A dispute about a material fact is genuine if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. Bald assertions that genuine issues of material fact exist are insufficient. Galen v. Cnty. of L.A., 477 F.3d 652, 658 (9th Cir. 2007).

The moving party bears the burden of identifying those portions of the pleadings, discovery, and affidavits that demonstrate the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323. Once the moving party meets its initial burden, the nonmoving party must go beyond the pleadings, and, by its own affidavits or discovery, set forth specific facts showing that a genuine issue of fact exists for trial. Fed.R.Civ.P. 56(c); Barthelemy v. Air Lines Pilots Ass'n, 897 F.2d 999, 1004 (9th Cir. 1990) (citing Steckl v. Motorola, Inc., 703 F.2d 392, 393 (9th Cir. 1983)). All justifiable inferences, however, must be drawn in the light most favorable to the nonmoving party. Liberty Lobby, 477 U.S. at 255.

III. RDISCUSSION

Haque's complaint is difficult to follow, but it appears that he brings claims (A) to compel the United States to grant him citizenship (injunctive and declaratory relief); (B) for monetary compensation under the Immigration and Nationality Act ("INA"), the Administrative Procedure Act ("APA"), the Declaratory Judgment Act ("DJA"), the Mandamus Act, and general tort law. Dkt. No. 1 at 3, 5. Because Haque filed a ...


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