Opinion
Case No. 2:10-CV-00218-KJD-LRL.
September 21, 2010
ORDER
Presently before the Court are Plaintiffs Motion to Correct Certificate of Naturalization (#1) and Motion to Amend Birth Certificate for Naturalization Paperwork (#3).
Petitioner's Certificate of Naturalization was issued on December 4, 2009. Since final action has been taken on Petitioner's petition for naturalization, her application to the court to amend her petition for naturalization must be served upon the district director having administrative jurisdiction over the territory in which the court is located. See 8 C.F.R. § 334.16(b). Plaintiff has not filed proof of service as required by the federal regulations and Federal Rules of Civil Procedure on any party. Additionally, Plaintiff bears the burden of proving that the date on her Certificate of Naturalization is incorrect and her alleged date of birth is her correct date of birth. See Kounchao v. U.S. Citizenship and Immigration Services, 358 F.Supp.2d 837, 838 (D. Minn. 2005). Because Plaintiff has failed to comply with the rules requiring service of her petition to correct the Certificate of Naturalization, the Court denies the motions without prejudice.
As of June 14, 2010, the district director having administrative jurisdiction over Nevada was John Kramar of the Phoenix District Office, 2035 North Central Avenue, Phoenix, AZ 85004-1548.
However, Plaintiff is ordered to file an amended petition to correct the Certificate of Naturalization within thirty days. Furthermore, since Plaintiff bears the burden of proving that she is entitled to an amendment to her Certificate of Naturalization, she should verify her complaint in accordance with 28 U.S.C. § 1746 by including the statement: "I declare under penalty of perjury that the foregoing is true and correct. Executed on [insert date] [signature]."
Some courts require petitioners to submit an application to correct the certificate of naturalization on Form N-410, the form for amending a petition for naturalization while the petition is still pending. See 8 C.F.R. § 334.16(a). However, it appears that the USCIS' Operational Instructions ("OI") prohibits USCIS employees from distributing Form N-410 for this purpose. See USCIS OI 334.10. Therefore, Plaintiff need only submit her application or petition to amend her Certificate of Naturalization in writing. The petition/application should be entitled "First Amended Petition" and contain her name, the present case number (2:10-cv-00218-KJD-LRL) and a brief recitation of the facts necessary for the Court to determine she is entitled to an amendment of her certificate.
Finally, Plaintiff must send a copy of her amended petition via registered or certified mail to the following three individuals:
• Attorney General Eric Holder U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001
• United States Attorney Daniel G. Bogden 333 Las Vegas Blvd. South, Suite 5000 Las Vegas, NV 89101
• Phoenix District Director USCIS John Kramar 2035 North Central Avenue Phoenix, AZ 85004-1548
Plaintiff shall file her amended petition within thirty (30) days of the entry of this order. Plaintiff shall then provide proof of service of the amended petition within sixty (60) days of the entry of this order. Failure to abide by these orders will result in Plaintiff's petition being dismissed.
Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion to Correct Certificate of Naturalization (#1) and Motion to Amend Birth Certificate for Naturalization Paperwork (#3) are DENIED without prejudice; IT IS FURTHER ORDERED Petitioner file an amended petition within thirty (30) days of the entry of this order.
DATED this 20th day of September 2010.