Avetisyan v. United States Citizenship and Immigration Services
2:22-cv-00407
| W.D. Wash. | Feb 15, 2023Background
- Plaintiff Armen Avetisyan filed suit in March 2022 seeking review of USCIS’s handling of his naturalization (alleging delay and seeking relief under the APA).
- Avetisyan obtained conditional permanent resident status in 2007; conditions were removed in 2010.
- He filed two naturalization applications: Sept. 30, 2011 (denied Oct. 29, 2012) and Sept. 14, 2012 (denied Apr. 25, 2013).
- The Government moved for summary judgment in May 2022, arguing Avetisyan’s claims are time-barred by 28 U.S.C. § 2401(a)’s six-year statute of limitations.
- The district court found USCIS’s denials were final agency actions that started the six-year limitations period, so Avetisyan’s March 2022 complaint was untimely as to those actions.
- The court granted the Government’s motion for summary judgment and noted Avetisyan remains free to file a new naturalization application with USCIS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Avetisyan’s APA challenge to USCIS action is time-barred under 28 U.S.C. § 2401(a) | Avetisyan challenged USCIS delay/denials and filed suit in 2022 | The six-year statute bars actions filed more than six years after the right of action accrues; accrual is final agency action | Court: Claims are time-barred; summary judgment for defendant |
| When the limitations period accrued for review of naturalization matters | (Implicit) Accrual occurred at some point later or after continuing delay | Accrual occurs at the time of final agency action (the denials on Oct. 29, 2012 and Apr. 25, 2013) | Court: Accrual at denial dates; deadlines were 2018 and 2019, so 2022 filing is untimely |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (moving party’s burden on summary judgment)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (standard for genuine issue of material fact on summary judgment)
- Wind River Mining Corp. v. United States, 946 F.2d 710 (9th Cir. 1991) (APA/judicial review accrual tied to final agency action)
- Soremekun v. Thrifty Payless, Inc., 509 F.3d 978 (9th Cir. 2007) (burden where moving party will have trial burden)
- Reeves v. Sanderson Plumbing Prods., 530 U.S. 133 (2000) (view evidence and inferences favorably to nonmoving party)
- Keenan v. Allan, 91 F.3d 1275 (9th Cir. 1996) (court not required to scour record for triable issues)