Prerequisite to naturalization; burden of proof
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).
