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United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OLEG FILIN,
Petitioner,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondents.
/
No. C06-04280 MJJ
ORDER TO SHOW CAUSE
Before the court is Petitioner’s Petition For Hearing On Naturalization Application pursuant
to 8 U.S.C. § 1447(b). Petitioner applied for naturalization as a United States Citizen on December
6, 2004, and is petitioning for a judicial determination of her naturalization application and a
declaration that she is entitled to be naturalized as a United States citizen.
Pursuant to 8 U.S.C. § 1447(b), “[i]f there is a failure to make a [naturalization]
determination . . . before the end of the 120-day period after the date on which the examination is
conducted . . . the applicant may apply to the United States district court . . . 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.” The 120-day post-
examination period begins to run once the U.S. Citizenship and Immigration Services (“CIS”)
conducts its initial naturalization interview. Al-Kudsi v. Gonzales, Case No. CV 05-1584-PK, 2006
WL 752556 *2 n.3 (D. Or. Mar. 22, 2006); Essa v. U.S. Citizenship and Immigration Services, 2005
WL 3440827, *2 (D.Minn.,2005).
Case 3:06-cv-04280-MJJ Document 5 Filed 07/31/2006 Page 1 of 2
Filin v. Department of Homeland Security, Michael Chertoff, Secretary et al
Doc. 5
Dockets.Justia.com
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Petitioner was examined by CIS on May 4, 2005, commencing the 120-day perio