United States District Court, D. Colorado
KATHLEEN M TAFOYA UNITED STATES MAGISTRATE JUDGE
case comes before the court on Defendants' “Motion
to Dismiss for Failure to State a Claim” under
Fed.R.Civ.P. 12(b)(6).” (Doc. No. 24). Plaintiff filed
her response on September 1, 2017 (Doc. No. 26 [Resp.]), and
Defendants filed their reply on September 1, 2017 (Doc. No.
case concerns the adjudication of a naturalization
application by the United States Citizenship and Immigration
Services (“USCIS”)-specifically, judicial review
of the denial of Plaintiff's application for
naturalization, pursuant to section 310(c) of the Immigration
and Nationality Act (“INA”). 8 U.S.C. §
October 26, 2015, Plaintiff filed an application for
naturalization (“INS Form N-400”) applying to
become a U.S. citizen. (See Petition [Pet.]
¶1.) On July 15, 2016, USCIS denied Plaintiff's
application for naturalization on the grounds that she lacks
“good moral character.” Id. That denial
was based solely on a criminal conviction she sustained on
May 14, 2011.
October 11, 2016, Plaintiff appeared for an interview before
USCIS pursuant to 8 C.F.R. §336. Subsequently, on March
14, 2017, USCIS issued a final decision denying
Plaintiff's application for naturalization for lack of
good moral character.
parties do not dispute that Plaintiff has properly exhausted
all administrative remedies.
Failure to State a Claim Upon Which Relief Can Be
Rule of Civil Procedure 12(b)(6) provides that a defendant
may move to dismiss a claim for “failure to state a
claim upon which relief can be granted.” Fed.R.Civ.P.
12(b)(6) (2007). “A court reviewing the sufficiency of
a complaint presumes all of plaintiff's factual
allegations are true and construes them in the light most
favorable to the plaintiff.” Hall v. Bellmon,
935 F.2d 1106, 1198 (10th Cir. 1991). “To survive a
motion to dismiss, a complaint must contain sufficient
factual matter, accepted as true, to ‘state a claim to
relief that is plausible on its face.'”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570
(2007)). Plausibility, in the context of a motion to dismiss,
means that the plaintiff pleaded facts which allow “the
court to draw the reasonable inference that the defendant is
liable for the misconduct alleged.” Id. A
complaint warrants dismissal if it fails “in
toto to render [plaintiff's] entitlement to relief
plausible.” Twombly, 550 U.S. at 569 n.14.
this, the court need not accept conclusory allegations
without supporting factual averments. Southern Disposal,
Inc., v. Texas Waste, 161 F.3d 1259, 1262 (10th Cir.
1998). “[T]he tenet that a court must accept as true
all of the allegations contained in a complaint is
inapplicable to legal conclusions. Threadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements, do not suffice.” Iqbal, 556 U.S at
678. “Where a complaint pleads facts that are merely
consistent with a defendant's liability, it stops short
of the line between possibility and plausibility of
entitlement to relief.” Id. (quotation
Administrative Review under 8 U.S.C. §1101(f) and 8
U.S.C. § 1101(f)
and its corresponding regulations govern the naturalization
process. Among many principles, this body of law provides
that “no alien has the slightest right to
naturalization” unless all statutory requirements are
met. Fedorenko v. United States, 449 U.S. 490, 506
(1981) quoting United States v. Ginsberg, 243 U.S.
472, 475 (1917).
naturalization applicant bears the burden of showing her
eligibility and compliance with all naturalization
requirements. Berenyi v. Dist. Dir., INS, 385 U.S.
630, 637 (1967); 8 C.F.R. § 316.2(b). Any doubts about
eligibility should be resolved in favor of the United States
and against the applicant. Id.; see also United States v.
Manzi, 276 U.S. 463, 467 (1928). To obtain the privilege
of naturalization, ...