University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mocanu v. Mueller IM-PA-0008
Docket / Court 2:07-cv-00445-MMB ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Immigration
Case Summary
Private counsel prepared for his client, an applicant for naturalization, a complaint to be filed in the Eastern District of Pennsylvania against the heads of the FBI, of the Department of Homeland Security, and of the U.S. Citizenship and Immigration Service ("USCIS"), as well as against the USCIS ... read more >
Private counsel prepared for his client, an applicant for naturalization, a complaint to be filed in the Eastern District of Pennsylvania against the heads of the FBI, of the Department of Homeland Security, and of the U.S. Citizenship and Immigration Service ("USCIS"), as well as against the USCIS district director in Philadelphia and "unknown US Federal Government Agency or Agencies." [sic] The complaint stated that plaintiff's application for naturalization had been pending for more than three years since its' submission on March 19, 2004, and remained unadjudicated well past the 120 period that the plaintiff alleged applied in his case, pursuant to 8 U.S.C. § 1447(b). He alleged that the defendants attributed the adjudication delay to agency failure to complete a security background check regarding the plaintiff. In addition to the alleged 120 day period violation, the plaintiff alleged that the delay in excess of a year violated an unspecified provision of the Administrative Procedure Act entitling him to judicial relief under 5 U.S.C. § 706(1) and violated his constitutional (presumably Fifth Amendment) due process rights.

The complaint requested declaratory relief, a mandamus order that the defendants schedule a naturalization interview and issue a decision within 30 days, and grant plaintiff's costs and attorneys' fees.

We have no other documents in this case other than a copy of the complaint, which is not filed-stamped and contains typographical errors. We are unable to say it was filed precisely as our copy reads, nor do we have further information about activity in this case.

Mike Fagan - 07/02/2008


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Issues and Causes of Action
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Issues
Immigration
Status/Classification
U.S. citizenship - acquiring
Plaintiff Type
Private Plaintiff
Causes of Action Mandamus, 28 U.S.C. § 1361
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Department of Homeland Security
Federal Bureau of Investigation
U.S. Citizenship and Immigration Services
Plaintiff Description Individual permanent legal resident whose naturalization application was pending for over 6 months
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief
Source of Relief Unknown
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:07-cv-445 (E.D. Pa.) 03/20/2008
IM-PA-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Petition for Hearing on Naturalization
IM-PA-0008-0001.pdf | Detail
Judges Baylson, Michael M. (E.D. Pa.)
IM-PA-0008-9000
Monitors/Masters None on record
Plaintiff's Lawyers Kaplan, David (Pennsylvania)
IM-PA-0008-9000
Orlow, James (Pennsylvania)
IM-PA-0008-0001 | IM-PA-0008-9000
Defendant's Lawyers Cherico, Colin Michael (Pennsylvania)
IM-PA-0008-9000
Gibson, Virginia A. (District of Columbia)
IM-PA-0008-9000
Stevens, Elizabeth Jones (District of Columbia)
IM-PA-0008-9000
Other Lawyers None on record

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