In a petition for review of a BIA order denying an application for cancellation of removal claiming that petitioner was improperly denied an opportunity to complete an application for naturalization, the case is remanded to the district court where the district court needed to determine the circumstances of petitioner's alleged failure to file tax returns, whether his first naturalization proceeding was terminated for failure to surrender his green card, and if a premature termination occurred, whether petitioner would have proceeded to the point in the citizenship process where he would have become eligible to take the oath of allegiance.
Heard: August 26, 2009
Decided: February 1, 2010
Opinion by Judge Newman
F. James Loprest, Jr. and Sarah S. Normand, Special Asst. U.S. Attys., New York, NY