Thursday, June 7th, 2018

Natz. Cert. Name Change Victory in Denver: Boiko v. Holder

"Plaintiff Lynn Boiko is a naturalized United States Citizen who seeks to have her certificate of naturalization reissued to reflect her true birth date.  Defendant Department of Homeland Security, Citizenship & Immigration Services ("CIS") moves to dismiss per FRCP 12(b)(1), arguing this Court lacks jurisdiction to order her certificate amended.  Doc. 15.  I disagree with Defendant, finding jurisdiction proper under FRCP 60(b), and therefore DENY Defendant's Motion. … I find Plaintiff did make her request within a reasonable time.  As substantiated by voluminous exhibits, Mrs. Bioko repeatedly tried to correct the information on her naturalization certificate, attempting to remedy her predicament in any venue she thought possible, whether court or agency.  Moreover, the balance of equity in this case favors relief.  Defendant itself characterizes Mrs. Bokio's plight as "unfortunate," Doc. 17 at 3, and offers only the