1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. C 06-06984 RS
ORDER TO SHOW CAUSE
*E-FILED 11/14/06*
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
MIKHAIL BENENSON,
Plaintiff,
v.
MICHAEL CHERTOFF, et al.,
Defendants.
Case Number C 06-06984 RS
ORDER TO SHOW CAUSE
On November 8, 2006, plaintiff Mikhail Benenson, appearing through counsel, filed a
“Petition for Hearing on Naturalization Application” against defendants Michael Chertoff,
Secretary of the Department of Homeland Security; Alberto Gonzales, Attorney General of the
United States; Emilio T. Gonzalez, Director of the United States Citizenship and Immigration
Services (“CIS”); and David Still, Director of the San Francisco office of the CIS.
Plaintiff alleges defendants have failed to process his application for naturalization in a
timely manner, apparently as a result of delays in obtaining a completed background check
clearance from the Federal Bureau of Investigation. Plaintiff alleges that Defendants have
Case 5:06-cv-06984-RS Document 3 Filed 11/14/2006 Page 1 of 4
Mikhail Benenson v. Michael Chertoff, et al
Doc. 3
Dockets.Justia.com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No. C 06-06984 RS
ORDER TO SHOW CAUSE
violated 8 U.S.C. § 1447(b), which provides:
If there is a failure to make a determination under section 1446 of this title before
the end of the 120-day period after the date on which the examination is
conducted under such section, the applicant may apply to the United States
district court for the district in which the applicant resides for a hearing on the
matter. Such court has jurisdiction over the matter and may either determine the
matter or remand the matter, with appropriate instructions, to the Service to
determine the matter.
Plaintiff requests that this Court adjudicate the naturalizat