naturalization wom another step towards victory
HOUSHANG BAHADORI GHASHGHAI, Plaintiff, vs. MICHAEL MUKASEY
CASE NO. 07CV0163-LAB (RBB)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 2008 U.S. Dist. LEXIS 20128, March 13, 2008, Decided
Defendants represent that Plaintiff's background check has begun and [*11] is ongoing. (Mot. to Dismiss at 7:25-26; Reply at 4:14-25.) But Defendants have proffered no particularized explanation for the delay, 1 so the Court is in no position to evaluate whether the FBI's efforts are reasonable under the circumstances. If the delay is reasonable, the manner and pace in which the background check is carried out are committed to the FBI's discretion and are thus beyond this Court's power to review. Because of the unusually long delay, the Court expects to receive an explanation particularly focusing on the facts of Plaintiff's case, rather than a generalized explanation applicable to all background checks. See, e.g., Guoping Ma v. Gonzales, 2007 WL 2743395, slip op. at *7 (W.D.Wash., Sept. 17, 2007) (citing authority for the principle that where the only delay in processing an application is that the FBI is taking an unusually long time to complete a background check, the government must provide a particularized explanation).
In order to enable the Court to examine its power to grant mandamus relief, and thus its jurisdiction to consider Plaintiff's claim, Defendants are ORDERED, no later than 30 calendar days from the date this order is issued, to explain the delay in completing Plaintiff's background check. They may do so by submitting a memorandum of points and authorities, no longer than five pages in length, not counting any appended or lodged material. Defendants should focus on whether the FBI's delay is reasonable under the circumstances; extraneous briefing will not be considered. Defendants' explanation need not be long, provided it is reasonable.
Defendants' motion to dismiss is therefore DENIED as to Plaintiff's claim the FBI is unreasonably delaying his background check. Defendants' motion is GRANTED with respect to all other claims, which are DISMISSED WITHOUT PREJUDICE as unripe.
HONORABLE LARRY ALAN BURNS