Althnaibat v. Nielsen

Background

Ibrahim Althnaibat brought the case under 8 U.S.C. § 1447(b), which allows a federal district court to act when U.S. Citizenship and Immigration Services (USCIS) has not decided a naturalization application within 120 days after the applicant’s examination. He sought a hearing on his application or an order sending the matter back to USCIS with instructions to grant it.

The opinion states that Althnaibat became a permanent resident on July 7, 1997, after marrying a U.S. citizen. He first applied for naturalization in or about January 2006, but withdrew that application in response to a notice of intent to deny that questioned whether his original marriage was valid. In 2014, an immigration judge found him removable, but granted his application for a waiver in April 2016, preserving his permanent residence retroactively to 1997.

Althnaibat filed another naturalization application in April 2016. He was interviewed by USCIS in November 2017 and discussed his criminal conviction and marriage. He also gave a sworn statement admitting that the marriage was invalid and that he had entered it to gain permanent residence. The opinion states that USCIS did not respond after the interview despite repeated inquiries. Althnaibat filed this case on April 11, 2019.

After the case began, USCIS sent Althnaibat a notice requiring him to appear on July 18, 2019, for an updated review and to bring specified identity and immigration documents. Neither Althnaibat nor a representative appeared. His counsel explained that they believed USCIS no longer had authority over the application because the federal case had been filed. USCIS stated that it could complete the adjudication within 60 days after Althnaibat appeared for the updated review.

The Motion to Remand

The defendants moved to remand the naturalization application to USCIS under § 1447(b). They represented that USCIS would adjudicate the application within 60 days after the updated review. The court explained that, once a proper § 1447(b) case is filed, the district court has exclusive authority over the application and may either decide it or remand it to USCIS with appropriate instructions.

The court found remand appropriate because the defendants had committed to a definite timetable. It reasoned that USCIS had relevant expertise and familiarity with the application and that remand would provide a prompt resolution. The court emphasized that remand is not automatically proper whenever the government requests it; the decision depends on the circumstances of the particular case.

Althnaibat argued that the Federal Rules of Civil Procedure gave the defendants only two choices: file an answer or move to dismiss under Rule 12. The court rejected that argument, concluding that § 1447(b) itself authorizes a motion to remand and that the defendants did not have to file an answer first.

Althnaibat also argued that remand would conflict with the statute and effectively amount to the court declining jurisdiction. The court disagreed. It explained that the statute gives the district court flexibility to decide whether to determine the application itself or return it to USCIS. The court also rejected the argument that it had to obtain the defendants’ position on the ultimate eligibility decision before considering remand.

Ruling and Instructions

Judge Nelson S. Roman granted the defendants’ motion to remand and remanded the case to USCIS for prompt resolution. The court directed USCIS to schedule the updated review as soon as practicable and no later than 30 days from the order’s date. USCIS was required to adjudicate the naturalization application within 60 days after that meeting.

If USCIS determined that Althnaibat was eligible, it was required to permit him to take the citizenship oath within 30 days of the determination. If USCIS denied the application and Althnaibat timely requested an administrative hearing, USCIS was required to hold the hearing within 90 days of the request and issue a decision within 90 days after the hearing. If USCIS denied the administrative appeal, the order allowed Althnaibat to move to reopen the case and amend his pleadings within 120 days so the court could review the application denial under 8 U.S.C. § 1421(c).

The clerk was directed to terminate the remand motion and close the case. The opinion did not decide whether Althnaibat was eligible for naturalization.