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Bustamante v. Napolitano, No. 08-0990

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.

Read Bustamante v. Napolitano, No. 08-0990

Appellate Information

Argued: March 27, 2009

Decided: September 28, 2009


Opinion by Judge Pooler


For Appellant:

Paul O'Dwyer, New York, NY

For Appellee:

David Bober and Sarah S. Normand, Assistant United States Attorneys, New York, NY