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Writ Mandamus Samir
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1
IN THE UNITED STATE DISTRICT COURTFOR THE WESTERN DISTRICT OF OKLAHOMA
(1)SAMIR Q. MAHMOUD)USCIS - A#087 889 520,)Plaintiff,))v.)Case No.)(2)ERIC H. HO
LDER Jr.,)Attorney General of the United )States; (3)JANET A. NAPOLITANO,)Secret
ary, Department of Homeland)Security; (4)DAVID ROARK, )Director of U.S.C.I.S Tex
as Service)Center, Mesquite, TX,(5)ALEJANDRO)MAYORKAS, Director, U.S. Citizenshi
p)and Immigration Services,)Defendants.)
COMPLAINT FOR WRIT OF MANDAMUSTo the Honorable Judges of Said Court:
Plaintiff, Samir Q. Mahmoud, through undersigned counsel, alleges as follows:
INTRODUCTION
1.
This is a civil action brought pursuant to 8 U.S.C. 1447, 28 U.S.C. 1331 and1361,
5 U.S.C. 701 and 28 U.S.C. 12201
et. seq.
To redress thedeprivation of rights, privileges and immunities secured to Plaint
iff to compel Defendants to perform a duty Defendants owe to Plaintiff.Jurisdict
ion is also conferred by 5 U.S.C. 704.
2.
This action is brought to compel Defendants and those acting under them to takea
ction on a Form N-400, Application for Naturalization, (hereafter theApplication )
in order for Plaintiff to become a Naturalized Citizen of the United
States. The Application was filed with the U.S. Citizenship and ImmigrationServi
ce on or about January 25, 2008 by Samir Q. Mahmoud. Subsequently, Mr.Samir Q. M
ahmoud was interviewed by Immigration officer Richard Rogers onSeptember 29
th
, 2008 and successfully passed the English language and historyand government te
sts. (See Exhibit 1, Form N-652, Naturalization Interview, for proof of success
ful passage of both tests). To this day, over one year after theinterview, Mr. S
amir Q. Mahmoud still awaits the decision. Certainly more than120 days have pass
ed since the interview in this matter, thus vesting jurisdictionwith this court
under 8 U.S.C. 1447.3.Plaintiff is eligible to have his Application adjudicated.4
.Defendants, the Department of Homeland Security and U.S. Citizenship andImmigra
tion Services (USCIS), are charged by law with the statutory obligation toadjudi
cate this Application.5.Venue is proper under 28 U.S.C. 1391(e) because the Plain
tiff resides in thisdistrict and no real property is involved in this action.
FACTS
6.
Mr. Samir Q. Mahmoud is a native citizen of Jordan. He received his PermanentRes
ident status as a result of his parents being legal residents of the United Stat
es.
7.
Plaintiff s Permanent Resident Status was granted on 10-06-2003, and he becamestat
utorily eligible to file a Form N-400, Application for Naturalization on 10-06-2
008, five years after being granted Permanent Resident Status.

8.
Mr. Samir Q. Mahmoud filed his N-400, Application for Naturalization, theDepartm
ent of Homeland Security and U.S. Citizenship and Immigration Services(USCIS) on
or about January 25, 2008.
9.
Mr. Samir Q. Mahmoud was interview by Immigration Officer Richard Rogers onSepte
mber 29, 2008 and successfully passed the English language and history andgovern
ment tests. (See Exhibit 1). To this day, over 13 months after the interview,Mr.
Samir Q. Mahmoud still awaits the decision.
10.
Mr. Samir Q. Mahmoud has inquired about his Application a number of times, butth
e Service has neither provided a reason for the delay, nor adjudicated theApplic
ation.
CLAIMS
11.Defendants have willfully and unreasonably delayed in and have refused toadju
dicate the Application, thereby depriving the Plaintiff of the benefit of becom
ing a Naturalized U.S. Citizen.12.Defendants owe Plaintiff a duty to adjudicate
the Petition and schedule hisnaturalization and have unreasonably failed to perf
orm that duty.13.Plaintiff has exhausted any administrative remedies that may ex
ist.
WHEREFORE
, Plaintiff prays that the Court Assume jurisdiction over the caseand naturalize
the Plaintiff under the terms of 8USC1447(b); or Compel Defendants andthose acti
ng under them to perform their duty to adjudicate the Petition; and grant suchan
d further relief as this Court deems proper under the circumstances and grantAtt
orney s fees and costs of Court to Plaintiff under the Equal Access to Justice Act
.
Respectfully submitted this13thday of November, 2009.S/A. E. BorgheiA. Eva Borgh
ei, OBA# 224994312 Classen Blvd.Oklahoma City, OK 73118405-525-0777405-557-0777
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