REDACTED v. United States Citizenship and Immigration Services

What the court wrote

Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.

§ 1421(c) (“Aperson whose application for naturalization under this subchapter is denied, after a hearing before an immigration officer under section 1447(a) of this title, may seek review of such denial before the United States district court for the district in USCIS’s counsel submitted two court filings that contained hallucinated case citations. (See Defs.’Suggested Findings Fact Conclusions Law, ECF No. 34 and Resp’t’s Resp. Pl.’s Objs., ECF No. 36.) The Court allowed USCIS to file amended versions of those documents. (See Defs.’Am. Suggested Findings Fact Conclusions Law, ECF No. 40 and Resp’t’sAm. Resp. Pl.’s Objs., ECF No. 41.) PAGE 10 – FINDINGS OF FACTAND CONCLUSIONS OF LAW which such person resides in accordance with chapter 7 of title 5.”); see also 28 U.S.C. § 1331 (federal question jurisdiction). Venue is proper in the District of Oregon because resides in Oregon. See 8 U.S.C. § 1421(c). 4. The Court’s review of USCIS’s denial of naturalization application is de novo. See 8 U.S.C. § 1421(c) (“Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application.”); see also 8 C.F.R. ... Jurisdiction over an award of attorney’s fees and costs under the EqualAccess to JusticeAct, 5 U.S.C. § 504 and 28 U.S.C. § 2412, is proper in this action. may apply for attorney’s fees and costs following entry of final judgment. CONCLUSION For the reasons stated, the Court GRANTS application for naturalization and ORDERS USCIS to naturalize as a citizen of the United States ofAmerica, make arrangements for him to take the oath of allegiance, and issue a certificate of naturalization upon administration of the oath; and RESERVES jurisdiction to determine if is entitled to an award of reasonable attorney’s fees and costs under the EqualAccess to ...