Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Haider v. United States

December 16, 2009

SAYED G. HAIDER, PETITIONER,
v.
UNITED STATES OF AMERICA, ERIC H. HOLDER, JR., ATTORNEY GENERAL OF THE UNITED STATES, AND BUREAU OF CUSTOMS AND IMMIGRATION SERVICES, RESPONDENTS.



The opinion of the court was delivered by: John Gleeson, United States District Judge

MEMORANDUM AND ORDER

Sayed G. Haider petitions for a writ of mandamus under 28 U.S.C. § 1651. He seeks a writ directing the defendants to accept the affidavits and other materials submitted by Haider in connection with his application for an adjustment of his immigration status. On October 9, 2009, the defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1). I heard oral argument on December 11, 2009. For the reasons stated below, Haider's petition is dismissed.

BACKGROUND

The following facts, taken from the petition and attached exhibits, are assumed to be true for the purposes of this motion.

On October 26, 2001, Haider applied for legal resident status pursuant to the LIFE Act, Pub. L. 106-553, 114 Stat. 2762 (2000), amended by LIFE Act Amendments, Pub. L. 106-554, 114 Stat. 2763 (2000). On September 14, 2007, the District Director rejected Haider's application.*fn1 The Director found that the three affidavits submitted by Haider failed to demonstrate that he was in the United States continuously from before January 1, 1982 through May 4, 1988. Specifically, the Director found that since the affiants themselves were not in the United States during the periods they attested to in their affidavits, they could not establish Haider's residence in the United States during those times. In addition, the Director found that Haider had provided conflicting answers in two I-687 forms submitted in June and September 1990. The Director found that Haider failed to prove that the statements he provided in connection with in September 1990 were truthful.

Haider alleges that he was "cheated and defrauded" by a broker who submitted incorrect information to the authorities in June 1990. Haider alleges that the broker confused Haider's information with another individual's information. This broker, along with twenty-one other brokers, was prosecuted and convicted for bribing an immigration officer. Haider was issued a Notice of Intention to Revoke his Form I-688A as a result of the convictions. However, he never responded. Accordingly, Haider's application was revoked on March 3, 1998.

On February 3, 2009, the Administrative Appeals Office ("AAO") dismissed Haider's appeal. The AAO found that Haider failed to submit sufficient evidence to show that he continuously resided in the United States during the requisite period. Furthermore, the AAO identified Haider as having procured an immigration-related benefit through a bribe payment, which cast doubt on the validity of the other documents he submitted.

Haider brought this action on March 6, 2009.

DISCUSSION

A. The Standard Under Rule 12(b)(1)

Motions to dismiss pursuant to Rule 12(b)(1) test the legal, not the factual, sufficiency of a complaint. See Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Accordingly, I must accept the factual allegations in the complaint as true, Erickson v. Pardus, 551 U.S. 89, 93-94 (2007) (per curiam), and draw all reasonable inferences in favor of the petitioner. Bolt Elec., Inc. v. City of New York, 53 F.3d 465, 469 (2d Cir. 1995). However, "the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009).

In its recent decision in Iqbal, the Supreme Court offered district courts additional guidance regarding the consideration of motions to dismiss under Rule 12(b)(6). Citing its earlier decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), the Court explained:

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. A claim has facial plausibility when the [petitioner] pleads factual content that allows the court to draw the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.