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Delays
The LAC argued in these amicus letter-briefs that the district court erred when it sua sponte dismissed these cases – which challenged agency delays in naturalization under 8 U.S.C. § 1447(b) – for lack of subject matter jurisdiction.
Abusadeh v. DHS
Gupta v. Chertoff
Kee v. FBI
Mehmood v. Chertoff
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S.D. of Texas
S.D. of Texas
S.D. of Texas
S.D. of Texas
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Miscellaneous No. H-06-0337
Miscellaneous No. H-06-0349
Miscellaneous No. H-06-0351
Miscellaneous No. H-06-0348
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In this amicus brief, the LAC argued that a district court has sole jurisdiction over a naturalization case filed under 8 U.S.C. § 1447(b) as the result of agency delay, and that CIS does not retain concurrent jurisdiction once the § 1447(b) suit is filed.
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Etape v. Chertoff and Rahim v. Caterisano, et al.
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4th Circuit
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No. 06-1916 and No. 06-1990
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Terminating Removal to Pursue Naturalization Before DHS
This amicus brief seeks reversal of the BIA's precedent decision Matter of Acosta Hidalgo, 24 I&N Dec. 103 (BIA 2007). This decision holds that an IJ and the BIA lack jurisdiction to determine prima facie eligibility for naturalization in order to terminate removal proceedings.
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Acosta-Hidalgo v. Mukasey
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2nd Circuit
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No. 07-2896
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