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Neroni v. Chertoff

December 16, 2008

TATIANA NERONI, PETITIONER,
v.
MICHAEL CHERTOFF, IN HIS CAPACITY AS SECRETARY OF HOMELAND SECURITY, RESPONDENT.



The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge

DECISION and ORDER

Petitioner Tatiana Neronia, proceeding pro se, seeks an order pursuant to 8 U.S.C. § 1447(b) obtaining jurisdiction over, and granting, her petition for citizenship on the ground that more than 120 days has passed since her immigration examination. The government opposes the motion and requests that this matter be remanded to United States Citizenship and Immigration Services ("USCIS") for completion of the application process.

Petitioner filed an application for Naturalization in April 2004. She had an interview with USCIS on September 20, 2004. The government contends that Petitioner's case was continued "as her FBI investigation had not yet been completed." The FBI investigation was not completed until March 21, 2008.*fn1 Thus, the interview was conducted prior to the completion of the background check. The United States Attorney's office states that, upon receiving notice of the instant litigation, it requested USCIS to expedite her application.

USCIS advised that it would schedule Plaintiff for an "update interview and fingerprinting." Although willing to be fingerprinted, Plaintiff refused an update interview contending that her application should be processed based on the initial interview. The government states that it wishes "to resolve this matter as quickly as possible by remand to the USCIS to complete processing of the naturalization application." In that regard, the government states that Petitioner has been scheduled for an update interview on December ...


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