Zhang v. Uscis
Civil Action No. 2017-0706
| D.D.C. | Jul 26, 2017Background
- Yue Zhang filed a naturalization application on August 18, 2015; USCIS interviewed her on December 21, 2015.
- In March 2016 USCIS issued a Notice of Intent to Deny (NOID); Zhang submitted a rebuttal in April 2016.
- After receiving no further communication, Zhang sued pro se on April 18, 2017 under 8 U.S.C. § 1447(b), asking the court to grant citizenship and moved to expedite.
- USCIS moved to remand the case to itself, representing it would issue a final decision within 21 days of remand, and opposed Zhang’s expedite motion.
- The parties agreed the 120-day statutory period under § 1447(b) had elapsed, giving the district court jurisdiction to either decide the matter or remand it to USCIS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court should retain and adjudicate the naturalization application vs remand to USCIS | Zhang wants the court to grant citizenship and opposes remand because USCIS did not promise a favorable result | USCIS asks for remand, assuring it will render a final decision within 21 days of remand | Court granted remand to USCIS and denied Zhang’s motion to expedite |
| Whether to expedite relief | Zhang moved to expedite a judicial grant of citizenship | USCIS opposed expedition and sought remand for prompt agency decision | Court denied Zhang’s motion to expedite |
| Whether agency expertise favors remand | Zhang contended remand risks denial and delays judicial relief | USCIS argued its expertise and ability to decide quickly weigh for remand | Court held agency expertise and USCIS’s 21-day assurance favored remand |
Key Cases Cited
- INS v. Ventura, 537 U.S. 12 (agency decisions should be made by agency when statutes place matters primarily in agency hands)
- Manzoor v. Chertoff, 472 F. Supp. 2d 801 (review of background checks and follow-up questioning is best left to USCIS)