Hi guys,
In preparation for my opposition, I have drafted the following as the opening remark. Could you guys comment on the language. Is it appropriate to use words like "contend" rather than more assertive words? Any input is welcome.
INTRODUCTION
Plaintiffs A and B in the above-captioned case, by and through Pro Se representation, submit their opposition to Defendants’ Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim.
On the issue of Subject Matter Jurisdiction challenged by Defendants, Plaintiffs will contend that this Honorable Court has original jurisdiction in this matter because Plaintiffs are seeking a Mandamus action to compel Defendants to perform a non-discretionary duty, which is to adjudicate and not approve Plaintiffs’ I-485 applications for permanent residency, which have been stalled due to excessive delays in the Name Checks conducted by the Federal Bureau of Investigation (FBI). Plaintiffs do not ask the court to instruct Defendants to exercise their discretion in a particular manner, but only ask the court to issue an order requiring the U. S. Citizenship and Immigration Service (USCIS) to make a request with the FBI to expedite Plaintiffs’ name checks and requiring the FBI and USCIS to complete their investigations and adjudicate Plaintiffs’ I-485 applications within a reasonable amount of time. Defendants also argued in their motion that Plaintiffs failed to state a claim upon which relief can be granted. Plaintiffs will show that the Immigration and Nationality Act establishes a clear right to relief for them, and Defendants, in unreasonably delaying action on Plaintiffs applications, are in violation of the law. Lastly, since Defendants do not dispute the facts and timeline stated in Plaintiffs’ original Complaint, which are consistent with Herring Decl. and Cannon Decl. submitted by Defendants along with their motion, Plaintiffs will contend that Defendants’ delays in processing their applications are indeed unjust. For these reasons, Plaintiffs request that this Honorable Court DENY Defendants’ Motion to Dismiss and GRANT the relief sought in their original Complaint.
