Al-Farisi v. Mueller

OPINION AND ORDER

CEDARBAUM, District Judge.

Omar Hadir Al-Farisi applies under 8 U.S.C. § 1447(b) for a hearing on his long-pending application for naturalization. Defendants move to dismiss the complaint for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1), and, under Fed. R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted. For the following reasons, the motion to dismiss is denied, and the case is remanded to the United States Citizenship and Immigration Services (the “CIS”) with further instructions.

BACKGROUND

The following facts are undisputed.

Oma…