Saleh v. Pastore

Background

Tarek Youssef Hassan Saleh, proceeding without a lawyer, filed suit against officials of U.S. Citizenship and Immigration Services, the Department of Homeland Security, the Federal Bureau of Investigation, and the Department of Justice. He sought an order requiring U.S. Citizenship and Immigration Services (USCIS) to adjudicate his Form N-400 application for naturalization and prohibiting USCIS from using the Controlled Application Review and Resolution Program (CARRP) in deciding that application.

Saleh alleged claims under the Immigration and Nationality Act, the Administrative Procedure Act, the Fifth Amendment’s due-process guarantee, the constitutional provision giving Congress power to establish uniform naturalization rules, and the federal mandamus statute. He alleged that CARRP delayed his naturalization application and caused USCIS to apply heightened standards to applicants whom officials considered national-security concerns.

USCIS interviewed Saleh on February 18, 2020, and denied his Form N-400 application on August 31, 2020. USCIS stated that he had not established the required residence and good moral character. Saleh then filed a Form N-336 request for an administrative hearing to challenge the denial. USCIS scheduled that hearing for February 24, 2021, but Saleh chose not to attend. The opinion states that the court received no further updates about the Form N-336 proceeding.

Issues and Analysis

Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), which permits dismissal when the federal court lacks authority to hear the case. They argued that the claims seeking adjudication of the Form N-400 had become moot because USCIS had acted on the application, and that Saleh could not seek judicial review of the denial before completing the required administrative process.

Claims Based on Delay

The court dismissed as moot Saleh’s claims seeking an order requiring USCIS to interview him and decide his Form N-400 application. USCIS had conducted the interview and issued a decision, so the court could no longer provide the particular relief those claims requested. The court also concluded that any CARRP allegations extending to the Form N-336 proceeding were moot because USCIS had granted a rehearing request and Saleh did not attend the scheduled hearing.

The court rejected Saleh’s argument that his earlier request for a hearing under 8 U.S.C. § 1447(b) prevented dismissal. Section 1447(b) permits a naturalization applicant to seek review in the federal district where the applicant resides when USCIS fails to decide the application within the statutory period after the interview. The court concluded that Saleh had not properly filed such a petition. It therefore held that USCIS had not lost authority to decide his application.

Remaining CARRP-Related Claims

The court dismissed Saleh’s remaining claims challenging the alleged CARRP-based denial because he had not exhausted his administrative remedies. Exhaustion means completing the available agency review before asking a federal court to review an agency decision. Under the court’s reading of the Immigration and Nationality Act, Saleh had to complete the Form N-336 process before seeking judicial review of his naturalization denial. The court held that the same exhaustion requirement applied to his related Administrative Procedure Act, constitutional, and mandamus claims.

The court also held that, even if Saleh had completed the administrative process, judicial review would not belong in the Southern District of New York. Because Saleh resided in Staten Island, the court stated that review under the applicable naturalization provisions had to be sought in the Eastern District of New York. The court declined to transfer the case because the complaint did not properly present a Section 1447(b) claim and Saleh had not shown that he had exhausted his administrative remedies.

Other Rulings and Disposition

The court denied Saleh’s request for summary judgment because it had to resolve jurisdiction before reaching the merits and concluded that it lacked jurisdiction. The court also denied as moot Saleh’s request for permission to file an interlocutory appeal from the earlier denial of his recusal motion.

The court granted Defendants’ Motion to Dismiss the Complaint in full. It directed the Clerk of Court to terminate all pending motions, adjourn remaining dates, and close the case. The opinion does not state that the dismissal was with or without prejudice.