In an action seeking a declaratory judgment that plaintiff, an Irish national, was entitled to naturalize in the U.S., summary judgment for defendant is affirmed where: 1) the one-year absence bar in 8 U.S.C. section 1427(b) applied both to the period preceding the naturalization interview and the period following the interview; and 2) plaintiff was neither exempt from the continuous residence requirement, nor did he present a set of facts that would warrant an estoppel.
Argued: January 25, 2010
Decided: February 4, 2010
Eamonn Dornan, Dornan & Associates, P.L.L.C., New York, NY
F. James Loprest Jr., United States Attorney's Office for the Southern District of New York, New York, NY