Finally I was sworn in as a US citizen on friday, it's a great feeling. I have had my law suit under 1447(b) for over seven months. Finally, it happened. Now, I was led by someone to this forum after the fact I filed my own 1447(B). I see that the AUSA tries to dismiss the law suit using two ways:
1-Saying that the security check is an integral part of the interview and therefore the plaintiff has no ground to file a suit, because the 120 day clock hasn't started yet. They mainly use Danilov, and there are 100's of law suits out there that didn't accept Danilov argument and that shouldn't be our issue.
2-The main one that get people very confused is the new argument that the court is not equipped to handle investigation, and the case should be remanded back to the USCIS, and totally start from zero again
This argument is totally false because:
a- The court is not an investigative body, and nothing in 1447(B) says that the court should conduct its investigation, rather in a hearing for naturalization, if the government object to the naturalization of this person, it should bring it to the court and like any other litigation, it will have its day in court. A simple hearing, if the Judge sees that the evidence are clear and there are derogatory information on the applicant, he then can remand to the USCIS, otherwise he should grant naturalization.
b-The congress intent will be violated, clearly in the matter of Citizenship, the congress wasn't satisfied by the writ of mandamus, so it legislated 1447(b), because citizenship right is so important that it cannot be a subject of official inefficiency. therefore this argument is false.
look shalan VS Chertoff in the district of Massachusetts. The Judge refused the argument of the defendants and went ahead and approved the naturalization application of the individual. I have been reading a lot about the naturalization laws. One advise, don't rely on just filling the law suit and waiting for the AUSA call to dismiss, you have to know what you are doing, otherwise you are risking yourself, and others by having your case being a reference like Danilov who was a prose and didn't know what he was doing, and that resulted in many cases being dismissed, because every AUSA used his case. So know what at stake, and be very careful. And again it feels soooooooooooooooooooo good being a US citizen. God bless you all