Shawuti v. Uscis Washington, Dc Field Office
Civil Action No. 2016-2292
D.D.C.Aug 8, 2017Background
- Plaintiff Adalaiti Shawuti is a lawful permanent resident since March 6, 2011, and filed Form N-400 for naturalization on May 1, 2015 (received May 5, 2015).
- After approximately 15 months with no response, Shawuti filed suit under 8 U.S.C. § 1447(b) on October 26, 2016 asking the court to compel adjudication.
- Shawuti was interviewed on January 13, 2017; USCIS denied the N-400 on February 3, 2017 as premature because she had not completed the five-year residency requirement when she filed.
- Defendant USCIS moved to dismiss for lack of subject matter jurisdiction and, alternatively, mootness.
- The court concluded § 1447(b) did not vest jurisdiction because the 120-day clock begins after the examination; USCIS’s post‑complaint denial rendered Shawuti’s request for adjudication moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court had jurisdiction under 8 U.S.C. § 1447(b) to hear Shawuti’s claim filed before her examination | Shawuti sought judicial review under § 1447(b) because USCIS had not acted on her application within a reasonable time | USCIS argued § 1447(b) jurisdiction only arises if 120 days elapse after the applicant's examination; Shawuti had no interview before filing | Court held no jurisdiction under § 1447(b) because the 120‑day period runs from the date of the examination (her interview occurred after she filed suit) |
| Whether the case was moot after USCIS denied the application post‑filing | Shawuti challenged the delay and sought adjudication | USCIS argued denial after filing removed any live controversy and foreclosed relief | Court held the post‑filing denial mooted the claim because there was no effective relief the court could grant |
Key Cases Cited
- Castracani v. Chertoff, 377 F. Supp. 2d 71 (D.D.C. 2005) (§ 1447(b) gives district courts exclusive jurisdiction when DHS fails to adjudicate within 120 days of examination)
- Preiser v. Newkirk, 422 U.S. 395 (1975) (an actual controversy must exist throughout the litigation)
- Spencer v. Kemna, 523 U.S. 1 (1998) (plaintiff must have ongoing injury traceable to defendant and redressable)
- Already, LLC v. Nike, Inc., 568 U.S. 85 (2013) (a case becomes moot when issues are no longer live)
- Del Monte Fresh Produce Co. v. United States, 570 F.3d 316 (D.C. Cir. 2009) (no relief available when challenged action has occurred)
- Bouguettaya v. Chertoff, 472 F. Supp. 2d 1 (D.D.C. 2007) (addressing timing and jurisdictional issues under § 1447(b))