New Second Circuit Naturalization Decision

Here (Download Decision) is a decision on naturalization from the Second Circuit. NYC immigration attorney Paul O’Dwyer states that “It agrees with the Fourth and Ninth Circuits [Etape v. Chertoff, 497 F.3d 379 (4th Cir. 2007) and United States v. Hovsepian, 359 F.3d 1144 (9th Cir. 2004) (en banc).] that the District Court has exclusive juridiction over a naturalization action filed pursuant to 8 USC Section 1447(b), and that USCIS lacks jurisdiction to deny a naturalization petition once a district court action has been commenced. USCIS routinely fails to timely render decisions within 120 days of a naturalization interview, as required by Secion 1447(b), instead, issuing a denial of the naturalization application after the applicant commences an action for naturalization in the District Court, and then moving to dismiss the District Court action for failure to administratively appeal the denial within USCIS. This decision holds that USCIS cannot do this type of end run around the judicial process.”

KJ