Opinion
Case No. 13-C-122
08-15-2013
LOC BA TRUONG, Plaintiff, v. JANET NAPOLITANO, Secretary of the Department of Homeland Security, ALEJANDRO MAYORKAS, Director, USCIS, KAY LEOPOLD, Field Office Director, USCIS, Defendants.
DECISION AND ORDER
Loc Ba Truong filed a petition for de novo review of his application for naturalization. The respondents move to dismiss, arguing Truong failed to exhaust his administrative remedies. Truong did not respond to this motion, which is well-taken. Truong never obtained a hearing before an immigration officer, a prerequisite to district court review. 8 U.S.C. § 1421(c) ("A person whose application for naturalization under this subchapter is denied, after a hearing before an immigration officer . . . , may seek review of such denial before the United States district court . . .") (emphasis added); Salman v. Napolitano, No. 6:11-cv-779-Orl-36DAB, 2012 WL 3155721, at *4 (M.D. Fla. Aug. 3, 2012) (§ 1421(c) "specifically implies that the applicant must complete the hearing, and provide all testimony deemed necessary by the USCIS").
IT IS HEREBY ORDERED THAT the respondents' motion to dismiss [ECF No. 9] is GRANTED. The Clerk of Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 15th day of August, 2013.
BY THE COURT:
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HON. RUDOLPH T. RANDA
U.S. District Judge