United States Third Circuit

A petition for review of a final order of removal following a controlled substance violation conviction, by a native of the Dominican Republic, claiming that he was not removable because his 1997 naturalization application had been finalized is denied where: 1) because petitioner never took the Oath, he never became a citizen and remained subject to removal; and 2) although the government failed to act on petitioner's application within 120 days of his naturalization examination, he failed to apply to the district court for a hearing on the matter, and having failed to invoke the very statutory and regulatory scheme that Congress enacted to address this type of delay, petitioner can not now assert that he was deprived due process of law.

Appellate Information

• Decided 08/31/2012
• Published 08/31/2012

Judges

• McKee

Court

• United States Third Circuit

Counsel