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ST. LOUIS RECORD

Friday, April 19, 2024

St. Louis resident alleges government agencies unlawfully delayed application for residency

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WASHINGTON — A Bosnian citizen living in St. Louis is suing government agencies, citing alleged unlawful delay of application for citizenship.

Dzemil Ahmetspahic filed a complaint in the U.S. District Court for the District of Columbia against Department of Homeland Security; Citizenship and Immigration Services; John F. Kelly, secretary of the Department of Homeland Security; et al alleging that the defendants violated the Administrative Procedure Act (APA) and Immigration and Nationality Act (INA).

According to the complaint, the plaintiff alleges that on Sept. 15, 2011, he filed for naturalization based on his status as a lawful permanent resident for 5 1/2 years. The plaintiff claims that despite his efforts, his application was delayed due to a secretive policy that has blacklisted him because of a national security concern. The plaintiff has a been a law-abiding, long-time resident of the United States who meets the statutory criteria to be a naturalized American citizen, but the agency allegedly refused to adjudicate his application because of FBI background checks, the complaint states. 

The plaintiff alleges the defendants illegally prohibited him from upgrading his immigration status to that of a U.S. citizen despite his eligibility to do so, have taken no action on the plaintiff's pending adjustment applications and refused to finally complete the plaintiff's applications in accordance with applicable legal criteria.

The plaintiff seeks process and adjudication of his immigration benefit applications, award of attorneys' fees, costs under the Equal Access to Justice Act and the relief that the court may deem fit and proper. He is represented by James O. Hacking III of Hacking Law Practice LLC in St. Louis.

U.S. District Court for the District of Columbia Case number 4:17-cv-01759-AGF

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