Tellez

ORDER GRANTING DEFENDANTS U.S. IMMIGRATION AND NATURALIZATION SERVICE AND THOMAS J. SCHILTGEN’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

I. Background

A. Factual Summary

This action is brought by Plaintiff Nery S.Tellez aka Nery S. Mendoza-Camas (“Plaintiff’) against Defendants United States Immigration & Naturalization Service and Thomas J. Schiltgen, as District Director, Los Angeles District, U.S. Immigration & Naturalization Service (collectively, “Defendants”) seeking (1) de novo judicial review by this Court of Defendants’ denial of Plaintiffs application for naturalization, (2) a de novo hearing on Plaintiffs naturalization application, (3) an order of this Court naturalizing Plaintiff, or alternatively, (4) an order of this Court requiring Defendants to naturalize Plaintiff.

The following facts are alleged in the Complaint:

Plaintiff is statutorily eligible for naturalization as an United States citizen. (Complaint, ¶ 6.) She has maintained lawful permanent resident status since being awarded such status on June 19, 1985. CM)

In March of 1996, Plaintiff filed an N-400 application for naturalization with the INS at the Western Service Center in Laguna…