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CA2 Holds that 8 USC § 1429 Bars Adjudication of Naturalization

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Bars 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).