United States Second Circuit

In an action pursuant to 8 U.S.C. section 1447(b) for declaratory and injunctive relief to effect plaintiff's naturalization as a U.S. citizen and to prohibit his removal from the U.S., dismissal of plaintiff's action is affirmed where: 1) the district court lacked jurisdiction to review the propriety of the removal proceedings pending against plaintiff; and 2) in light of 8 U.S.C. section 1429, the pendency of those removal proceedings precludes plaintiff from stating a claim for relief under 8 U.S.C. section 1447(b) in the form of an order either (a) compelling defendants to admit plaintiff to U.S. citizenship, or (b) directly granting his naturalization.

Appellate Information

• Decided 10/07/2008
• Published 10/07/2008

Judges

Court

• United States Second Circuit

Counsel