Apokarina v. Atty Gen USA

OPINION

AMBRO, Circuit Judge.

The issue in this case was initially straightforward. Under 8 U.S.C. § 1429, the Attorney General of the United States may not consider naturalization applications of aliens against whom removal proceedings are pending. We were asked to decide whether a district court has jurisdiction under 8 U.S.C. § 1421(c) to review the denial of a naturalization application when that denial is based on § 1429 (i.e., there was, apparently, a pending removal proceeding at the time the naturalization application was denied).

At oral argument, however, it came to our attention that…