Wednesday, January 18th, 2017

N.D. Ga. on 1447(b) Jurisdiction: Edobor v. Onyango

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"The majority view and prevailing wisdom is that the Court's jurisdiction under Section 1447(b) is exclusive, and USCIS is divested of its authority to subsequently determine a naturalization application unless the Court exercises its statutorily granted authority to "remand the matter" to USCIS. "Consequently, any adjudication by the [USCIS] made after the Complaint was filed was without statutory or other legal authority and could not have constituted final adjudication divesting [the] Court of its exclusive jurisdiction over the matter." Izraileva v. Chertoff, 629 F. Supp. 2d 1286, 1293 (M.D. Fla. 2007). Defendant's Motion to Dismiss [Doc. 7] is therefore DENIED.  Not surprisingly, in a last ditch effort, Defendants request in their Reply that the Court remand this matter to USCIS for a determination of Plaintiff's application for naturalization. Plaintiff opposes remand, arguing that the Court should exercise its jurisdiction to conduct a