Davijani v. United States Citizenship and Immigration Services

Background

Amir Ahmad Bakhtiary Davijani, proceeding without a lawyer, had been a lawful permanent resident since December 2018. He filed an application for naturalization with USCIS on October 14, 2023, and USCIS interviewed him on April 19, 2024. The application remained pending.

Davijani filed this action under 8 U.S.C. § 1447(b), which allows an applicant to seek a federal district court hearing when USCIS has not adjudicated a naturalization application within 120 days after the initial interview. He asked the court to review the application itself or, alternatively, to remand it to USCIS with instructions to decide it within 30 days. He also sought case-management relief, including a sworn declaration about his case and continuing status updates.

The government opposed Davijani’s motion and filed a cross-motion to remand the matter to USCIS for 45 days.

Legal standard

Under § 1447(b), the district court may either decide the naturalization matter or remand it to USCIS with appropriate instructions. The court explained that once a federal action is filed, USCIS cannot complete its adjudication unless the court remands the matter. The decision whether to remand is within the court’s discretion. After remand, USCIS retains sole discretion to grant or deny the naturalization application.

Court’s analysis

The court concluded that § 1447(b) did not require USCIS to provide the specific case-management relief Davijani requested. It determined that the most suitable resolution was to remand the matter for expedited adjudication because the government represented that USCIS could decide the application within 45 days.

The court said remand would preserve judicial resources, allow USCIS to use its agency expertise, and serve Davijani’s interest in a prompt resolution. The court also noted that its approach was consistent with the majority of district courts in the circuit that had declined to adjudicate similar matters in favor of remanding them to USCIS.

Disposition

The court DENIED Davijani’s motion for case-management relief and GRANTED the government’s cross-motion to remand. It ordered USCIS to adjudicate Davijani’s naturalization application within 45 days of the order. The parties must file a joint status report within seven days after USCIS makes its final decision. Davijani may reopen the case if USCIS does not complete the adjudication within 45 days. The order did not decide whether Davijani qualifies for naturalization; USCIS retains discretion to grant or deny the application.