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Naturalization
Last updated May 07, 2008

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
S.D. of Texas
S.D. of Texas
S.D. of Texas
S.D. of Texas
Miscellaneous No. H-06-0337
Miscellaneous No. H-06-0349
Miscellaneous No. H-06-0351
Miscellaneous No. H-06-0348

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.

Etape v. Chertoff and Rahim v. Caterisano, et al. 4th Circuit No. 06-1916 and No. 06-1990


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.

Acosta-Hidalgo v. Mukasey 2nd Circuit No. 07-2896

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