United States Second Circuit

In an Immigration and Nationality Act section 1447(b) action seeking to have the district court determine plaintiff's naturalization application, dismissal of the action as moot is reversed where only the district court has jurisdiction to determine a naturalization application when the applicant files a section 1447(b) petition, and thus the United States Citizenship and Immigration Services could not decide plaintiff's naturalization application after he filed a petition.

Appellate Information

• Argued 03/27/2009
• Decided 09/28/2009
• Published 09/28/2009

Judges

• POOLER, Circuit Judge:, Before STRAUB, POOLER, RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Paul O'Dwyer, New York, NY, for Plaintiff-Appellant., Mary Kenney, for Amicus Curiae, American Immigration Law Foundation, in support of Plaintiff-Appellant.


• For Appellees:
  
• David Bober, Assistant United States Attorney, (Sarah S. Normand, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.