hamza soos v. johnson et al., ((n.d. il april 8, 2015) complaint n-400 mandamus

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

) HAMZEH SOOS )

Plaintiff, ) v. ) No.: ) JEH JOHNSON, U.S. Department of Homeland ) Security; JAMES B. COMEY as The Director of ) The FBI; LORI PIETROPAOLI, USCIS, Chicago ) ) )

Defendant )

COMPLAINT FOR MANDAMUS

Plaintiff, HAMZEH SOOS (“SOOS”) by and through his attorney REEM H. ODEH, of

the LAW OFFICES OF REEM ODEH, P.C. respectfully requests this Court to enter an order

directing the Defendant, JEH JOHNSON, Secretary of Homeland Security, JAMES B. COMEY,

as Director of Federal Bureau of Investigations, and LORI PIETROPAOLI, Chicago District

Director to adjudicate Plaintiff’s N-400 Application for Naturalization. In support of said

request, the Plaintiff states as follows:

JURISDICTION AND VENUE

1. The is a civil action brought pursuant to 8 U.S.C. §1329, and 28 U.S.C. §§1331 (Federal

Questions) because Plaintiffs’ claims arise under the federal laws of the United States, and 1361

(Mandamus Act), and 1447(b) to redress the deprivation of rights, privileges and immunities

secured to Plaintiff, by which statutes jurisdiction is conferred, to compel Defendant to perform a

duty Defendant owes to Plaintiff. 5 U.S.C. §704 also confers jurisdiction, 28 U.S.C §2201

Case: 1:15-cv-03093 Document #: 1 Filed: 04/08/15 of 4 PageID #:1

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(Declatory Judgment Act) and 5 U.S.C. §701 et seq. (Administrative Act of the “APA”).

2. Venue is proper under 28 U.S.C. §1391(b), since Defendant JOHNSON is the Secretary

of U.S. Department of Homeland Security, COMEY is the Director of the Federal Bureau of

Investigations, and PIETROPAOLI is the District Director of USCIS, agencies of the United

States Government.

3. This action is brought to compel the Defendant, officers and an agency of the United

States, to perform its duties arising under the laws of the United States.

4. The APA requires USCIS and the FBI to carry out their duties within a reasonable time.

The provision of the APA that provides this is 5 USC §555(b), which states that “with due regard

for the convenience and necessity of the parties or their representatives and within a reasonable

time, each agency shall proceed to conclude a matter presented to it.” USCIS and the FBI are

subject to 5 USCIS §555(b). Plaintiff contends that the delays in processing his application for

naturalization are unreasonable.

PARTIES

5. Plaintiff SOOS, born November 1, 1985, is a native of Jordan. SOOS is a U.S. Permanent

Resident currently residing in Chicago, Illinois.

6. Defendant, JOHNSON is the Secretary of U.S. Department of Homeland Security,

COMEY is Director of the Federal Bureau of Investigations, and PIETROPAOLI is District

Director of USCIS, agencies of the United States Government under the Department of

Homeland Security.

7. That JAMES B. COMEY is sued in his official capacity. The FBI is responsible for the

proper background clearance conducted on each applicant for immigration benefits.

CLAIMS FOR RELIEF


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8. On or about May 1, 2013, United States Citizenship and Immigration Services (“USCIS”)

received the Plaintiff’s N-400 Application or Naturalization.

9. On or about May 3, 2013, USCIS notified the Plaintiff that his N-400 Application for

Naturalization had been received.

10. On or about May 10, 2013, USCIS notified the Plaintiff that he needed to appear at an

Application Support Center for USCIS to capture his biometrics.

11. On or about November 5, 2013, the Plaintiff received a Continuance Notice from USCIS

requesting that additional information or documents be submitted to USCIS by December 5,

2013.

12. On or about November 18, 2013, the Plaintiff sent USCIS a sworn and notarized

statement in response to the request for information by USCIS.

13. On or about September 24, 2014, the Plaintiff contacted USCIS regarding the processing

of his N-400 Application for Naturalization, at which time USCIS informed the Plaintiff that his

N-400 Application for Naturalization was pending adjudication.

14. On or about March 25, 2015, the Plaintiff contacted USCIS regarding the processing of

his N-400 Application for Naturalization, at which time USCIS informed the Plaintiff that his N-

400 Application for Naturalization was pending adjudication.

15. The Plaintiff’s N-400 Application for Naturalization remains unadjudicated.

16. Since the time of the Plaintiff’s submission of his Application with the Defendant, the

Plaintiff has made numerous oral and written requests of the Defendant concerning a final

adjudication of said application.

17. Despite these inquiries to Defendant, it is Plaintiff’s belief that the application remains

unadjudicated.


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18. The Defendant, in violation of the Administrative Procedure Act, is unlawfully

withholding or unreasonably delaying a decision on the application of Plaintiff.

19. Plaintiff has exhausted any remedies that may exist.

WHEREFORE, Plaintiff prays that the Court, in light of the foregoing:

A. Compel Defendant and those acting under him to perform their duty to rule upon the Plaintiff’s application;

B. Compel the Federal Bureau of Investigation to complete their background and fingerprint process;

C. Grant attorney’s fees and cost of court; D. Grant such other and further relief as this Court sees proper under the

circumstances.

Respectfully Submitted,

_/s/ Reem Odeh_________________ Reem H. Odeh Attorney for Plaintiff

Reem H. Odeh Law Offices of Reem Odeh 134 N. La Salle, 9th Floor Chicago, Illinois 60602 312-739-1000-Phone 312-739-1190-Fax


Case: 1:15-cv-03093 Document #: 1-1 Filed: 04/08/15 Page 1 of 14 PageID #:5

JS 44 (Rev. 3/13) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF

T HE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust 140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce & Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation 151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 470 Racketeer Influenced and 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations Student Loans 340 Marine Injury Product 480 Consumer Credit (Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV 153 Recovery of

Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/

of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange 160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters 196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice 790 Other Labor Litigation 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure 210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of 220 Foreclosure 441 Voting Sentence or Defendant) Agency Decision 230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRS—Third Party 950 Constitutionality of 240 Torts to Land 443 Housing/ 530 General 26 USC 7609 State Statutes 245 Tort Product Liability Accommodations 535 Death Penalty 290 All Other Real Property 445 Amer. w/Disabilities

540 Mandamus & Other IMMIGRATION

Employment 550 Civil Rights 462 Naturalization Application

446 Amer. w/Disabilities

555 Prison Condition 463 Habeas Corpus -

Other 560 Civil Detainee - Alien Detainee 448 Education Conditions of (Prisoner Petition) Confinement 465 Other Immigration Actions

V. ORIGIN (Place an “X” in One Box Only) Transferred from Another District (specify)

1 Original Proceeding

2 Removed from State Court

3 Remanded from Appellate Court

4 Reinstated or Reopened

5 6 Multidistrict Litigation

VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are filing and write a brief statement of cause.)

VII. Previous Bankruptcy Matters (For nature of suit 422 and 423, enter the case number and judge for any associated bankruptcy matter previously adjudicated by a judge of this Court. Use a separate attachment if necessary.

VIII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: Yes No

IX. RELATED CASE(S) IF ANY

(See instructions):

JUDGE DOCKET NUMBER X. This case (check one box) Is not a refiling of a previously dismissed action is a refiling of case number ____________ previously dismissed by Judge ________________ DATE SIGNATURE OF ATTORNEY OF RECORD

Hamza A.A. Soos Jeh Johnson, U.S. Department of Homeland Security; James B. Comey, Director of the FBI; Lori Pietropaoli, USCIS, Chicago

Cook Cook

Law Offices of Reem H. Odeh, PC134 N. LaSalle St., 9th FloorChicago, IL 60602

AUSA

✔

✔

USC Sections 1331, 1447(b), 1361 Mandamus

✔

✔

04/07/2015 Reem H. Odeh


hamza soos v. johnson et al., ((n.d. il april 8, 2015) complaint n-400 mandamus

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plaintiff states

district director of

plaintiff soos

united states government

united states district

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defendant johnson

chicago district director