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Oltarsh & Associates, P.C. En Espanol

NATURALIZATION, MANDAMUS

A Federal Court recently addressed the systemic problem of Naturalization adjudications. The Judge found that Congress intended that the Naturalization process be completed without undue delay. The Judge observed that although careful security must be made for applications for permanent residence, it could not be understated why a security clearance was necessary for an individual who was already a permanent resident. The Court under the Administrative Procedures Act (APA) has jurisdiction to compel agency action unreasonably delayed. The government’s explanations for the delay were deemed insufficient and the Immigration Service was found to have adopted a strategy of delay instead of employing a transparent administrative process. The government was also notifying applicants to get a prompt FBI check that they would need to commence Mandamus proceedings in Federal Court. Plaintiff’s motion for summary judgment was granted.
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