Yith v. Nielsen

343 F. Supp. 3d 938
District Court, E.D. California·Decided October 26, 2018·No. 1:14-cv-01875-LJO-SKO·Published·Cited by 5 cases

Opinion

Lawrence J. O'Neill, UNITED STATES CHIEF DISTRICT JUDGE

This matter is before the Court on Defendants'

*9411 motion for remand. Defendants request remand of this matter to United States Citizenship and Immigration Services ("USCIS") pursuant to 8 U.S.C. § 1447(b) to consider Plaintiffs Seanlim Yith and Seak Leang Yith's naturalization applications. ECF No. 78. Plaintiffs filed an opposition and Defendants replied. ECF Nos. 79, 81. Plaintiffs also filed a motion for sanctions against Defendants pursuant to Federal Rule of Civil Procedure 11 claiming that the filing of the motion to remand was vexatious and frivolous. ECF No. 80. Defendants filed in opposition to the motion for sanctions and Plaintiffs replied. ECF Nos. 82-83. The matters were taken under submission on the papers pursuant to Local Rule 230(g). For the reasons set forth below, the Court DENIES Defendants' motion for remand and DENIES Plaintiffs' motion for sanctions.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Court previously recounted a detailed factual and procedural background of the case in its prior Order, but reiterates the pertinent facts here. See ECF No. 50 at 2-7.

Plaintiffs are siblings and citizens of Cambodia. ECF No. 69, First Amended Complaint, ¶¶ 2-6, 8. Both Plaintiffs currently reside in Fresno County, California, and were residents of Fresno County at all times relevant to this action. Id. ¶ 2, 5. Plaintiffs entered the United States on or about March 26, 2006. Id. ¶¶ 18, 49. They obtained lawful permanent resident ("LPR") status in the United States on or about April 3, 2006, through their father, Neth Yith. Id. ¶¶ 4, 7-8. At the time Plaintiff Seanlim Yith obtained LPR status she was 14 years old. At the time that Plaintiff Seak Yith obtained LPR status he was 11 years old. Id. Neither Plaintiff has relinquished, abandoned or been divested of their LPR status, and they both have resided continuously in the United States since their entry in March 2006. Id. ; see also ¶¶ 17, 69.

On or about February 4, 2011, Seanlim filed a Form N-400, Application for Naturalization, with USCIS. Id. ¶ 2. Seanlim's naturalization interview was initially scheduled for July 20, 2011, but was cancelled due to "unforeseen circumstances." Id. ¶¶ 19, 20. On or about December 21, 2012, Seak Leang filed a Form N-400, Application for Naturalization with USCIS. Id. ¶ 5. Seak Leang's interview was initially scheduled for June 20, 2013, but was also cancelled on account of "unforeseen circumstances." Id. ¶¶ 70-71.

On or about February 20, 2014, Plaintiffs first contacted USCIS through their attorney to inquire about the status of their applications. Id. ¶ 88. They received no response from USCIS until April 2014, and were only then told that the adjudication of their applications was "delayed." Id. On May 15, 2014, a USCIS officer emailed Plaintiffs that their cases were "pending," that there are a "small percentage of cases involving unresolved issues that may result in adjudication delays," and that "[USCIS] [is] unable to determine at this time when the review process will be completed." Id. ¶ 86. The email continued, "We understand that your clients may be frustrated ... However, USCIS must balance individual *942inconvenience against broader issues of public safety and national security." Id. ¶ 93. Thereafter, Plaintiffs periodically requested information regarding the status of their naturalization applications, but were "rebuffed" every time, and USCIS did not provide any time frame as to when their applications might be adjudicated. Id. ¶ 95.

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Yith v. Nielsen, 343 F. Supp. 3d 938 (E.D. Cal. 2018).

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