United States DC Circuit

In a suit brought by plaintiff alleging that the Attorney General and the Secretaries of State and Homeland Security violated plaintiff's statutory and constitutional rights by refusing to allow him to renounce his citizenship pursuant to 8 U.S.C. section 1481(a)(6), dismissal of the complaint is reversed and remanded where: 1) the question of whether the AG retains authority under section 1481(a)(6) after enactment of the Homeland Security Act of 2002 has not been addressed; and 2) it was not clear if the U.S. Citizenship and Immigration Services Bureau's interpretation of the section was permissible.

Appellate Information

• Argued 01/08/2008
• Decided 05/02/2008
• Published 05/02/2008

Judges

• Before:  RANDOLPH and ROGERS, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Brendan F. Quigley, Student Counsel, argued the cause as amicus curiae in support of appellant.   With him on the briefs was Steven H. Goldblatt, appointed by the court, and Jeremy M. McLaughlin, Student Counsel., James J. Kaufman, pro se, filed briefs.


• For Appellees:
  
• Heather Graham-Oliver, Assistant U.S. Attorney, argued the cause for appellees.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.