Hey Steve:
I read some of your terrific past messages about the mandamus cases, and I'd like to thank you for the great research you've done. I may use some of the cases you posted. FYI I am interested in petition for naturalization hearing cases under 1447b and 1421c.
Regarding your case, my humble advice to you is to get a second opinion about your case and the venues open for you. Talk to as many lawyers as possible, and try not to mention to them that you have spoken to another lawyer and this is what they said. Just see what they tell you. Trust me, I feel your pain. To me, if you bring a lawsuit and USCIS denies your application, it is a retaliation. There is a precedent in the ninth circuit regarding this: United States v. Hovsepian, 359 F.3d 1144 (9th Cir. 2004) (en banc). In Hovsepian, the applicant filed for judicial review under 8 U.S.C. § 1447(b) after the legacy INS failed to decide his application within 120 days of the initial examination. While the case was pending at the district court, the legacy INS denied the naturalization application. The district court determined that the legacy INS no longer had jurisdiction over the case, and the court thus disregarded the legacy INS decision and instead proceeded to approve the naturalization application. On appeal by the legacy INS, the Ninth Circuit found that the district court was correct in asserting exclusive jurisdiction.
Remember, 1447b talks about a 120-days period after the initial interview. In your case, the waiting time is over. your attorney may argue that if USCIS denies your case, it was a retaliation because they should've deny it during the interview.
Good luck my friend.
I read some of your terrific past messages about the mandamus cases, and I'd like to thank you for the great research you've done. I may use some of the cases you posted. FYI I am interested in petition for naturalization hearing cases under 1447b and 1421c.
Regarding your case, my humble advice to you is to get a second opinion about your case and the venues open for you. Talk to as many lawyers as possible, and try not to mention to them that you have spoken to another lawyer and this is what they said. Just see what they tell you. Trust me, I feel your pain. To me, if you bring a lawsuit and USCIS denies your application, it is a retaliation. There is a precedent in the ninth circuit regarding this: United States v. Hovsepian, 359 F.3d 1144 (9th Cir. 2004) (en banc). In Hovsepian, the applicant filed for judicial review under 8 U.S.C. § 1447(b) after the legacy INS failed to decide his application within 120 days of the initial examination. While the case was pending at the district court, the legacy INS denied the naturalization application. The district court determined that the legacy INS no longer had jurisdiction over the case, and the court thus disregarded the legacy INS decision and instead proceeded to approve the naturalization application. On appeal by the legacy INS, the Ninth Circuit found that the district court was correct in asserting exclusive jurisdiction.
Remember, 1447b talks about a 120-days period after the initial interview. In your case, the waiting time is over. your attorney may argue that if USCIS denies your case, it was a retaliation because they should've deny it during the interview.
Good luck my friend.