Hamza SOOS v. Johnson et al., ((N.D. IL April 8, 2015) Complaint N-400 Mandamus
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
HAMZEH SOOS )
v. ) No.:
JEH JOHNSON, U.S. Department of Homeland )
Security; JAMES B. COMEY as The Director of )
The FBI; LORI PIETROPAOLI, USCIS, Chicago )
COMPLAINT FOR MANDAMUS
Plaintiff, HAMZEH SOOS (“SOOS”) by and through his attorney REEM H. ODEH, of
the LAW OFFICES OF REEM ODEH, P.C. respectfully requests this Court to enter an order
directing the Defendant, JEH JOHNSON, Secretary of Homeland Security, JAMES B. COMEY,
as Director of Federal Bureau of Investigations, and LORI PIETROPAOLI, Chicago District
Director to adjudicate Plaintiff’s N-400 Application for Naturalization. In support of said
request, the Plaintiff states as follows:
JURISDICTION AND VENUE
1. The is a civil action brought pursuant to 8 U.S.C. §1329, and 28 U.S.C. §§1331 (Federal
Questions) because Plaintiffs’ claims arise under the federal laws of the United States, and 1361
(Mandamus Act), and 1447(b) to redress the deprivation of rights, privileges and immunities
secured to Plaintiff, by which statutes jurisdiction is conferred, to compel Defendant to perform a
duty Defendant owes to Plaintiff. 5 U.S.C. §704 also confers jurisdiction, 28 U.S.C §2201
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(Declatory Judgment Act) and 5 U.S.C. §701 et seq. (Administrative Act of the “APA”).
2. Venue is proper under 28 U.S.C. §1391(b), since Defendant JOHNSON is the Secretary
of U.S. Department of Homeland Security, COMEY is the Director of the Federal Bureau of
Investigations, and PIETROPAOLI is the District Director of USCIS, agencies of the United
3. This action is brought to compel the Defendant, officers and an agency of the United
States, to perform its duties arising under the laws of the United States.
4. The APA requires USCIS and the FBI to carry out their duties within a reasonable time.
The provision of the APA that provides this is 5 USC §555(b), which states that “with due regard
for the convenience and necessity of the parties or their representatives and within a reasonable
time, each agency shall proceed to conclude a matter presented to it.” USCIS and the FBI are
subject to 5 USCIS §555(b). Plaintiff contends that the delays in processing his application for
naturalization are unreasonable.
5. Plaintiff SOOS, born November 1, 1985, is a native of Jordan. SOOS is a U.S. Permanent
Resident currently residing in Chicago, Illinois.
6. Defendant, JOHNSON is the Secretary of U.S. Department of Homeland Security,
COMEY is Director of the Federal Bureau of Investigations, and PIETROPAOLI is District
Director of USCIS, agencies of the United States Government under the Department of
7. That JAMES B. COMEY is sued in his official capacity. The FBI is responsible for the
proper background clearance conducted on each applicant for immigration benefits.
CLAIMS FOR RELIEF
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8. On or about May 1, 2013, United States Citizenship and Immigration Services (“USCIS”)
received the Plaintiff’s N-400 Application or Naturalization.
9. On or about May 3, 2013, USCIS notified the Plaintiff that his N-400 Application for
Naturalization had been received.
10. On or about May 10, 2013, USCIS notified the Plaintiff that he needed to appear at an
Application Support Center for USCIS to capture his biometrics.
11. On or about November 5, 2013, the Plaintiff received a Continuance Notice from USCIS
requesting that additional information or documents be submitted to USCIS by December 5,
12. On or about November 18, 2013, the Plaintiff sent USCIS a sworn and notarized
statement in response to the request for information by USCIS.
13. On or about September 24, 2014, the Plaintiff contacted USCIS regarding the processing
of his N-400 Application for Naturalization, at which time USCIS informed the Plaintiff that his
N-400 Application for Naturalization was pending adjudication.
14. On or about March 25, 2015, the Plaintiff contacted USCIS regarding the processing of
his N-400 Application for Naturalization, at which time USCIS informed the Plaintiff that his N-
400 Application for Naturalization was pending adjudication.
15. The Plaintiff’s N-400 Application for Naturalization remains unadjudicated.
16. Since the time of the Plaintiff’s submission of his Application with the Defendant, the
Plaintiff has made numerous oral and written requests of the Defendant concerning a final
adjudication of said application.
17. Despite these inquiries to Defendant, it is Plaintiff’s belief that the application remains
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18. The Defendant, in violation of the Administrative Procedure Act, is unlawfully
withholding or unreasonably delaying a decision on the application of Plaintiff.
19. Plaintiff has exhausted any remedies that may exist.
WHEREFORE, Plaintiff prays that the Court, in light of the foregoing:
A. Compel Defendant and those acting under him to perform their duty to rule upon
the Plaintiff’s application;
B. Compel the Federal Bureau of Investigation to complete their background and
C. Grant attorney’s fees and cost of court;
D. Grant such other and further relief as this Court sees proper under the
_/s/ Reem Odeh_________________
Reem H. Odeh
Attorney for Plaintiff
Reem H. Odeh
Law Offices of Reem Odeh
134 N. La Salle, 9th
Chicago, Illinois 60602
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JS 44 (Rev. 3/13) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting Sentence or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRS—Third Party 950 Constitutionality of
240 Torts to Land 443 Housing/ 530 General 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 535 Death Penalty
290 All Other Real Property 445 Amer. w/Disabilities 540 Mandamus & Other IMMIGRATION
Employment 550 Civil Rights 462 Naturalization Application
446 Amer. w/Disabilities 555 Prison Condition 463 Habeas Corpus -
Other 560 Civil Detainee - Alien Detainee
448 Education Conditions of (Prisoner Petition)
Confinement 465 Other Immigration
V. ORIGIN (Place an “X” in One Box Only)
2 Removed from
3 Remanded from
4 Reinstated or
5 6 Multidistrict
VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are filing and
write a brief statement of cause.)
VII. Previous Bankruptcy Matters (For nature of suit 422 and 423, enter the case
number and judge for any associated bankruptcy matter previously adjudicated by a judge of this Court.
Use a separate attachment if necessary.
VIII. REQUESTED IN
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: Yes No
IX. RELATED CASE(S)
IF ANY (See instructions):
JUDGE DOCKET NUMBER
X. This case (check one box) Is not a refiling of a previously dismissed action is a refiling of case number ____________ previously dismissed by Judge ________________
DATE SIGNATURE OF ATTORNEY OF RECORD
Hamza A.A. Soos Jeh Johnson, U.S. Department of Homeland Security; James B.
Comey, Director of the FBI; Lori Pietropaoli, USCIS, Chicago
Law Offices of Reem H. Odeh, PC
134 N. LaSalle St., 9th Floor
Chicago, IL 60602
USC Sections 1331, 1447(b), 1361 Mandamus
04/07/2015 Reem H. Odeh
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