Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dent v. Sessions

United States District Court, D. Arizona

March 17, 2017

Sazar Dent, Petitioner,
v.
Jeff B. Sessions, Attorney General of the United States, Respondent.

          ORDER

          Honorable G. Murray Snow

         Pending before the Court are Petitioner Sazar Dent's (“Dent”), (Doc. 182), and the Respondent Jeff B. Sessions's, (Doc. 180), respective motions for summary judgment on Dent's constitutional due process claim. For the following reasons, the Court grants the Respondent's motion and denies Petitioner's motion.[1]

         BACKGROUND

         Sazar Dent was born in November, 1967 in Honduras. (Doc. 183 at 2; Doc. 181 at 2.) He was legally adopted by Roma Dent (“Ms. Dent”), a United States citizen, in September of 1981. (Doc. 183 at 2; Doc. 181 at 2.) Soon after his adoption, Dent was admitted as a lawful permanent resident and on January 18, 1982, Ms. Dent filed a Form N-402, an Application to File a Petition for Naturalization on Behalf of a Child. (Doc.183 at 2; Doc. 181 at 2, 5.) In 1982, applications filed in Arkansas were processed by the INS office in New Orleans as opposed to the INS office in Memphis because of the backlog in the Memphis office. (Doc. 181 at 5; Doc. 183 at 3.) Through 1984 INS examiners from New Orleans would travel to Fort Smith, Arkansas, to conduct interviews and court hearings on applications from the Fort Smith Area-the location nearest to Dent's residence. (Doc. 181 at 7; Doc 183 at 3.) They would make such “circuit” trips approximately every six months. (Id.) At his deposition, Mr. Gallmann, the government's 30(b)(6) representative, testified that after an Application to File Petition for Naturalization on Behalf of Child was filed, it took approximately 18 months for the New Orleans office to schedule an interview in Fort Smith. (Doc. 187 at 13-14, Doc. 186 at 3-4.) Dent challenges whether Mr. Gallmann has actual knowledge sufficient to support his testimony, (Doc. 188 at 8), and offers statistics concerning processing times two years later in other U.S. locations in an attempt to raise an issue of fact as to what the processing times were in New Orleans in 1984. (Doc. 183 7-8.) Dent further submits various GAO studies in support of its argument that the INS was, as an institution, deliberately indifferent to the dangers that delayed processing presented to minor applicants for citizenship who were adopted by U.S. citizen parents and whose rights to apply for citizenship were time-limited. (Id. at 8-9.)

         On July 20, 1983, Immigration and Naturalization Services (“INS”) filed the first interview notice for Dent's childhood naturalization application, which was scheduled for August 3, 1983. (Doc. 183 at 3; Doc. 181 at 7-8.) Dent did not appear for his interview because he was in Honduras at the time. (Doc. 183 at 3; Doc. 181 at 8.) If an applicant was absent for an interview without an explanation in 1983, INS procedure was to send the applicant's file to the record room to await further contact from the applicant. (Doc. 183 at 4; Doc. 181 at 5.)

         Five months later, on about February 21, 1984, the INS processed Ms. Dent's request that the INS to reschedule the interview. (Doc. 181 at 8; Doc. 183 at 3.) In her request for the rescheduled interview Ms. Dent did not indicate exactly when her son would return to the United States.[2] The interview was then promptly set for three weeks later, on March 13, 1984. (Doc. 183 at 3; Doc. 181 at 8-9.) Dent did not attend this interview either, as he was still in Honduras. (Doc. 183 at 4; Doc. 181 at 9.)

         Sometime following Dent's second missed interview, the INS office in Memphis reassumed responsibility for the circuit interviews in Fort Smith, Arkansas. (Doc. 181 at 7, Doc. 183 at 3.) Ms. Dent received what appears to be a response to a contact she made to the Memphis INS office. (Doc. 183 at 5.) In that response the unidentified INS agent indicated:

Dear Ms. Dent,
So good to hear from you. Am unable to locate Sazar records
in our office as I do not have his Alien card number. Also
include Sazar complete name and date of birth.
We will do all we can to get him his citizenship.

(Id.; Doc. 182-2 at 33.) In response and on the same form, Ms. Dent has apparently handwritten:

Thank you so much.
Resident Alien number A37082657
NOL IR4
Cesar Auguste Jimenez Mendez adopted name Sazar David Dent.
(8-18-1981)
(Is 16 will be 17 Nov. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.