United States Fifth Circuit

In an action brought by a Nigerian citizen seeking a de novo review of his previously denied naturalization application pursuant to 8 U.S.C. section 1421(c), and seeking a declaratory judgment that he was prima facie eligible for naturalization, dismissal of his case for lack of subject matter jurisdiction to grant the relief plaintiff requested is affirmed over claims that: 1) jurisdiction exists under section 1421(c); 2) jurisdiction exists under 8 U.S.C. section 1447(b); 3) the district court has jurisdiction to issue a declaratory judgment on the issue of his prima facie eligibility for naturalization; and 4) absent review by the district court at this time, the prima facie eligibility issue will be unreviewable by any court.

Appellate Information

• Decided 11/05/2007
• Published 11/06/2007

Judges

• E. GRADY JOLLY, Circuit Judge:, Before GARWOOD, JOLLY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Brian K. Bates (argued), Reina Bates Imm. Law Group, Houston, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Daniel David Hu (argued) and Vernon Lydell Lewis, Asst. U.S. Attys., Houston, TX, for Defendants-Appellees.