CA2 holds that 8 USC § 1429 bars adjudication of naturalization

Adjudication of Naturalization

The Court held that 8 U.S.C. § 1429 bars DHS from considering a naturalization application where removal proceedings are pending. Thus, an immigration judge may not make a finding of prima facia eligibility for naturalization. As a result, individuals in removal proceedings may not avail themselves of 8 U.S.C. § 1239.2(f). (Perriello v. Napolitano, 09/01/09). This guidance incorporates basic requirements for the submission of adoption-based applications and petitions to USCIS. Adjudication of Naturalization, as it pertains to U.S. immigration, is the act of an immigration officer reaching a decision of approval or denial on an immigration case. Adjudication refers to the legal process of resolving a dispute or deciding a case. The adjudicator is usually an expert in the subject matter in dispute. He will usually be able to act inquisitorially. Adjudication is a dispute resolution process that allows Parties to present their dispute to an independent third Party for a decision.

naturalization

Contact Us