United States Second Circuit

In a petition for review of a BIA order denying an application for cancellation of removal claiming that petitioner was improperly denied an opportunity to complete an application for naturalization, the case is remanded to the district court where the district court needed to determine the circumstances of petitioner's alleged failure to file tax returns, whether his first naturalization proceeding was terminated for failure to surrender his green card, and if a premature termination occurred, whether petitioner would have proceeded to the point in the citizenship process where he would have become eligible to take the oath of allegiance.

Appellate Information

• Decided 02/01/2010
• Published 02/01/2010

Judges

• JON O. NEWMAN, Circuit Judge., Before JACOBS, Chief Judge, NEWMAN, Circuit Judge, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Hagit M. Elul, Hughes Hubbard & Reed LLP, New York, N.Y., for Petitioner.


• For Appellees:
  
• F. James Loprest, Jr., Special Asst. U.S. Atty., New York, N.Y. (Lev L. Dassin, Acting U.S. Atty., Sarah S. Normand, Asst. U.S. Atty ., New York, N.Y., on the brief), for Respondents.