Paiva

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

[Dkt. No. 13]

Presently before the Court is Defendants’ Motion to Dismiss for Failure to State a Claim under Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 13.) After considering the parties’ submissions and hearing oral argument, the Court adopts the following Order.

I. BACKGROUND

This immigration case involves a petition by Plaintiff Valter Silva Paiva for the district court to review the United States Citizenship and Immigration Services’s (“USCIS”) denial of Plaintiffs naturalization application. (Compl., dkt. no. 1.)

Plaintiff is a citizen of Brazil and a lawful permanent resident (“LPR”) of the United States. (Id. at Ex. 1.) Plaintiff received his LPR status on September 25, 2008, based on Plaintiffs marriage to a natural-born U.S. citizen, Rachael Paiva, in January 2008. (Id.) Initially, Plaintiffs LPR status was conditional, which means it was subject to review after two years. (Id. at Ex. 5.) Plaintiffs LPR conditions were lifted on September 20, 2010. (Id.)

After three years of marriage to the same U.S. citizen and three years of LPR status, Plaintiff applied for U.S. citizenship naturalization by filing his N-400,…