Al-Atiyeh v. Swacina

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND REMANDING CASE TO% USCIS

PATRICIA A. SEITZ, District Judge.

THIS MATTER is before the Court on Defendants’ Motion to Dismiss for Mootness [DE-9], On January 27, 2009, Plaintiff Haytham Al-Atiyeh filed a Petition for Naturalization Hearing (the “Petition”), which asks the Court to rule on his application for naturalization, given the United States Citizenship and Immigration Services (“USCIS”) failure to render a decision within 120-days of his February 2006 naturalization examination [DE-1]. In re sponse, Defendants moved to dismiss the Petition…