Jeff Gray v. Secretary for the Department of Homeland Security

ON PETITION FOR REHEARING

The appellant’s petition for rehearing is granted. The panel’s previous opinion in this case is withdrawn and the following opinion is substituted in its place:

Jeff Gray is a lawful-permanent resident of the United States whose naturalization application was denied in October 2007 by the United States Bureau of Citizenship and Immigration Services (USCIS). But Gray never received a copy of that decision 1 and so in January 2010 he filed a lawsuit, proceeding pro se, under 8 U.S.C. § 1447(b) because he believed that USCIS had failed to render a decision within 120 days…