United States Second Circuit

In an action seeking a declaratory judgment that plaintiff, an Irish national, was entitled to naturalize in the U.S., summary judgment for defendant is affirmed where: 1) the one-year absence bar in 8 U.S.C. section 1427(b) applied both to the period preceding the naturalization interview and the period following the interview; and 2) plaintiff was neither exempt from the continuous residence requirement, nor did he present a set of facts that would warrant an estoppel.

Appellate Information

• Argued 01/25/2010
• Decided 02/04/2010
• Published 02/04/2010

Judges

• PER CURIAM., Before LEVAL, STRAUB, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eamonn Dornan, Dornan & Associates, P.L.L.C., New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• F. James Loprest, Jr., United States Attorney's Office for the Southern District of New York (David S. Jones, of counsel), New York, NY, for Defendants-Appellees.