Immigration Law

CA9 on Jurisdiction, Brand X, Naturalization: Yith v. Nielsen

Yith v. Nielsen, Feb. 7, 2018 - "Seanlim and Seak Leang Yith appeal from the district court’s dismissal of their complaint requesting adjudication of their naturalization applications pursuant to 8 U.S.C. § 1447(b). Relying on 8 U.S.C. § 1429, the district court concluded that the Yiths were precluded from obtaining any relief because they were concurrently in removal proceedings. See 8 U.S.C. § 1429 (providing that “no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act”). The court therefore dismissed their complaint for failure to state a claim. We reverse, because the limitation imposed by § 1429 applies only to the executive branch’s adjudication of naturalization applications, and only when removal proceedings are pending pursuant to an arrest warrant, neither of which is applicable here."

[Hats off to Bruce Leichty!]