In an Immigration and Nationality Act section 1447(b) action seeking to have the district court determine plaintiff's naturalization application, dismissal of the action as moot is reversed where only the district court has jurisdiction to determine a naturalization application when the applicant files a section 1447(b) petition, and thus the United States Citizenship and Immigration Services could not decide plaintiff's naturalization application after he filed a petition.
Argued: March 27, 2009
Decided: September 28, 2009
Opinion by Judge Pooler
Paul O'Dwyer, New York, NY
David Bober and Sarah S. Normand, Assistant United States Attorneys, New York, NY