United States Third Circuit

Gonzalez v. Sec'y of Dep't of Homeland Security, 11-2276

Summary judgment denying a petition for review of a USCIS denial of a naturalization application for lack of good moral character is affirmed, where: 1) the jurisdiction vested in district courts by 8 USC section 1421(c) to review naturalization denials is not divested by the priority given to removal proceedings under 8 USC section 1429; 2) the district court may grant declaratory relief in the naturalization case notwithstanding the role it may play in terminating a removal proceeding; but 3) there was no genuine dispute regarding the petitioner's false testimony in his naturalization interview.

Appellate Information

• Decided 03/19/2012
• Published 03/19/2012

Judges

• Pogue

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Tarik D. Scarlata, Sherease Pratt